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ELECTION  LAWS 
OF  INDIANA 

In  Force  September  1,  1914 


With  Instructions  to  Voters 
and  Election  Officers 


AND 


Interpretation  of  the  Registration  Law  and  the 
Federal  and  State  Corrupt  Practices  Acts 


Compiled  under  the  Authority  of  the 
STATE  BOARD  OF  ELECTION  COMMISSIONERS 

by 

WILLIAM  W.  SPENCER  and  THOMAS  A.  DAILY 
OF  THE  INDIANAPOLIS  BAR 


INDIANAPOLIS 
1914 


Whereas,  The  State  Board  of  Election  Commissioners  of 
the  State  of  Indiana,  in  September,  1912,  published  the 
election  laws  of  the  State  of  Indiana,  with  instructions 
to  voters  and  election  officers,  concurred  in  by  the  then 
chairman  of  the  Democratic  and  Eepublican  State  Cen- 
tral Committees;  and 

Whereas,  There  have  been  certain  amendments  and  new 
statutes  upon  the  subject,  especially  the  Registration 
Act  and  Corrupt  Practices  Act  enacted  by  the  General 
Assembly  of  the  State  in  the  session  of  1913 ;  and 

Whereas,  A  revision  of  the  existing  statutes  relating  to 
primaries  and  elections,  together  with  an  interpretation 
of  the  Registration  Act  and  Corrupt  Practices  Act  and 
general  instructions  to  the  voters  and  election  and  regis- 
tration officers,  has  been  prepared  by  William  W.  Spen- 
cer and  Thomas  A.  Daily ; 

NoWy  therefore,  the  undersigned  State  Board  of  Election 
Commissioners  hereby  issues  this  pamphlet  containing  such 
revision  of  the  election  laws  of  Indiana  with  instructions  to 
voters  and  election  officers  and  an  interpretation  of  the 
Registration  Act  and  Corrupt  Practices  Act, 

State  Board  of  Election  Commissioners  for  1914. 

SAMUEL  M.  RALSTON,  President. 
JOHN  E.  HOLLETT. 
HENRY  CLAY  ALLEN. 
ED.  D.  DONNELL,  Clerk. 

We  concur  in  and  agree  to  abide  by  such  printed  and 
distributed  revision  of  the  election  laws  of  Indiana,  with 
instructions  to  voters  and  election  officers,  and  interpreta- 
tion of  the  Registration  Act  and  Corrupt  Practices  Act. 

BERNARD  KORBLY, 

Chairman  of  Democratic  State  Central  Committee. 

EDWARD  C.  TONER, 
Chairman  of  Progressive  State  Central  Committee. 

WILL  H.  HAYS, 
Chairman  of  Republican  State  Central  Committee. 

September  1,  1914. 

278686 


INSTRUCTIONS 

TO 

Voters  and  Election  Oeficers 


WHERE  ELECTIONS  MUST  BE  HELD. 

An  election  must  be  held  at  the  place  designated  by  the 
Board  of  County  Commissioners  unless  from  absolutely  un- 
avoidable circumstances  it  can  not  be  done.  If  it  can  not 
be  held  at  the  place  so  designated,  then  the  Election  Board 
should  meet  at,  or  as  nearly  as  possible,  at  the  place  so  des- 
ignated and  there  organize  as  a  Board  and  then  adjourn  to 
a  place  available  and  nearest  to  the  one  so  designated,  not, 
however,  outside  of  the  precinct.  In  such  an  instance  care 
should  be  taken  to  see  that  no  voter  loses  his  vote  by  not 
finding  the  new  voting  place;  and,  if  necessary,  some  per- 
son should  be  stationed  at  the  place  so  designated  by  the 
Board  of  County  Commissioners  to  notify  the  voters  of  the 
change  and  where,  the  actual  voting  place  is  situated. 

BALLOT  BOXES. 

The  Board  of  County  Commissioners  of  each  county 
must  provide,  at  the  expense  of  the  county,  ^ve  ballot 
boxes — one  painted  red,  for  the  reception  of  the  State  bal- 
lots; one  painted  white,  for  the  reception  of  the  local  bal- 
lots (Sec.  68),  one  painted  yellow,  for  the  reception  of  the 
township  ballots  (Sec.  175),  one  painted  blue,  for  the  recep- 
tion of  the  Centennial. Celebration  ballots,  and  one  painted 
green,  for  the  reception  of  the  Constitutional  Convention 
ballots.  The  Board  of  County  Commissioners  must  deliver 
all  the  ballot  boxes  and  all  the  election  paraphernalia,  except 
the  ballots,  at  the  places  where  the  election  is  to  be  held, 
prior  to  the  day  of  the  election. 

(3) 


4  ^..•,      .  EySTRyCTIONS   TO 

CHUTES. 

The  chute  should  be  so  constructed  that  it  will  not  ob- 
struct passage  along  the  highway  or  street.  Persons  with- 
in fifty  feet  for  manifestly  lawful  and  necessary  purposes 
should  not  be  molested.-  This  is  also  true  of  persons  pass- 
ing within  that  distance  of  the  chute.     (Sec.  107  and  108.) 

PASTER  BALLOTS. 

The  law  permits  the  use  of  complete  pasters,  by  which 
is  meant  a  complete  ticket  pasted  on  the  ballot  by  the  voter, 
without  the  knowledge  of  the  Election  Board.  If  such  a 
ballot  be  found  in  the  box,  the  Election  Board  must  care- 
fully examine  the  law,  and  if  it  does  not  comply  with  its 
provisions,  it  is  void  and  should  not  be  counted.     { Sec.  113. ) 

WATCHERS. 

Each  of  the  four  political  parties  that  cast  the  largest 
vote  at  the  last  State  election,  and  which  has  a  place  on 
any  of  the  official  ballots,  is  entitled  to  one  watcher  at 
each  precinct,  at  the  canvass  of  the  vote.  Each  watcher 
must  present  to  the  Election  Board,  before  he  enters  the 
election  room,  credentials  signed  by  the  township  or  county 
chairman  of  the  party  which  he  represents,  showing  him 
to  be  the  duly  authorized  watcher  for  his  party.  The  only 
parties  entitled  to  have  watchers  at  the  count  are  the  Demo- 
cratic, Progressive,  Republican  and  Socialist  parties.  No 
person  other  than  the  Inspector,  Judges,  Poll  Clerks,  Elec- 
tion Sheriffs  and  Watchers  can  be  permitted  in  the  election 
room  during  the  canvass  of  the  votes  (Sec.  119).  No 
watchers  can  be  present  during  the  voting. 

SAMPLE  BALLOTS. 

The  sample  State  and  local  poster  ballots  should  be 
printed  in  large  type,  each  on  a  sheet  of  paper  about  25  by 
38  inches  in  size. 

The  sample  State  Ballots  will  be  prepared  and  fur- 
nished by  the  State  Board  of  Election  Commissioners,  and 
three  will  be  enclosed  in  each  package  of  State  ballots. 
They  will  be  printed  on  yellow  paper,  and  will  have  thereon 
the  words,  '^  Sample  Ballot.  Genuine  State  Ballot  is  on  red 
paper. ' ' 


VOTERS    AND    ELECTION    OFFICEBS.  0 

The  sample  Local  Ballot  should  be  prepared  by  the 
County  Board  of  Election  Conunissioners,  and  three  en- 
closed in  each  package  of  local  ballots.  They  should  be 
printed  on  blue  paper,  and  have  thereon  the  words,  ^  ^  Sample 
Ballot.     Genuine  Local  Ballot  is  on  white  paper. ' ' 

The  sample  Township  Ballot  should  be  prepared  bythe 
County  Board  of  Election  Commissioners,  and  three  en- 
closed in  the  package  of  township  ballots  for  each  precinct 
of  the  township  for  which  the  sample  ticket  is  printed.  They 
should  be  printed  on  brown  paper,  and  have  thereon  the 
words,  ^'Sample  Ballot.  Genuine  Township  Ballot  is  on 
yellow  paper. ' ' 

The  Sample  Constitutional  Convention  Ballot  should  be 
prepared  by  the  County  Board  of  Election  Commissioners, 
and  three  enclosed  in  each  package  of  Constitutional  Con- 
vention ballots.  They  should  be  printed  on  green  paper, 
and  have  thereon  the  words,  ^^  Sample  Ballot.  Genuine 
Constitutional  Convention  ballot  is  on  white  paper.  ^ ' 

The  sample  Centennial  Celebration  ballot  should  be  pre- 
pared by  the  County  Board  of  Election  Commissioners,  and 
three  enclosed  in  the  package  of  Centennial  Celebration 
ballots  for  each  precinct  of  the  Township  for  which  the 
sample  ticket  is  printed.  They  should  be  printed  on  red 
paper,  and  have  thereon  the  words,  ' '  Sample  ballot.  Gen- 
uine Centennial  Celebration  ballot  is  on  blue  paper. ' ' 

Three  of  each  kind  of  these  samples  ballots  must  be 
posted  by  the  Election  Inspector  in  and  about  his  polling 
place.     (Sec.  102.) 

If  deemed  desirable  by  committees  of  political  parties, 
or  by  candidates,  for  the  purpose  of  instructing  voters, 
sample  ballots,  conforming  to  the  description  given  above, 
may  be  printed,  of  any  size,  on  yellow,  blue,  brown,  green 
and  red  paper,  respectively,  and  posted  up  or  circulated  by 
them  at  any  time  during  the  political  canvass. 

CANDIDATES  FOR  COUNTY  COUNCIL. 

The  County  Board  of  Election  Commissioners  must 
print  on  local  (county)  ballots  for  the  precincts  of  the  first 
councilmanic  disti'ict,  the  names  of  the  candidates  for  coun- 
cilmen-at-large,  and  also  the  names  of  the  candidates  for 
county  councilmen  for  that  district.  In  like  manner  the 
local  (county)  ballots  must  be  printed  for  each  precinct  of 
the  other  councilmanic  districts. 


IKSTRUCTIONS    TO 


ROAD  SUPERVISORS. 


Eoad  Supervisors  will  be  elected  at  the  general  election 
in  November.  Each  voter  is  entitled  to  vote  for  a  candidate 
for  road  supervisor  in  each  road  district  of  the  township 
in  which  he  resides.     (Sec.  176.) 

POSTING  DIRECTIONS. 

The  Inspector  should  be  at  his  polling  place  early 
enough  before  6  a.  m.  to  enable  him  to  post  up  the  cards  of 
instructions  and  sample  ballots. 

One  of  each  kind  of  cards  must  be  posted  in  each  elec- 
tion booth;  and  also  one  of  each  kind  at  the  outer  end  of 
the  chute.  Not  less  than  three  of  each  kind  of  cards  and  not 
less  than  three  of  each  kind  of  sample  ballots  must  be  posted 
about  the  polls  beyond  the  fifty-foot  limit.     (Sec.  102.) 

INSTRUCTIONS  TO  VOTERS.     (Sec.  112.) 

First.  You  must  get  your  ballot  and  the  blue  pencil 
from  the  Polling  Clerks  in  the  election  room. 

Second.  If  you  desire  to  vote  a  straight  ticket,  then 
make  a  cross,  thus,  X  within  the  large  circle  at  the  head  of 
the  ticket  containing  the  device  of  the  party  for  whose  can- 
didate you  desire  to  vote.  If  you  do  not  desire  to  vote  a 
straight  ticket,  you  must  not  make  a  cross  in  the  large  circle 
containing  the  device  of  a  party,  but  must  make  a  cross, 
thus,  X  ,  on  the  small  square  to  the  left  of  the  name  of  each 
candidate  for  whom  you  desire  to  vote,  on  whatever  list  of 
candidates  it  may  be.  If  the  large  circle  at  the  head  of  the 
ticket  is  marked  with  a  cross  or  otherwise  and  the  ballot  is 
marked  with  a  cross  or  otherwise  at  any  other  place,  it  will 
be  void  and  can  not  be  counted,  unless  there  be  no  candi- 
date for  some  office  in  the  list  printed  under  such  marked 
device,  in  which  case  you  may  indicate  your  choice  for  such 
office  by  making  a  cross,  thus,  X ,  on  the  square  to  the  left 
of  the  name  of  any  candidate  for  such  office  on  any  other 
list.  The  cross  must  be  placed  within  or  on  the  circle  or 
square,  or  the  ballot  will  be  void  and  can  not  be  counted. 

Third.  Do  not  mutilate  your  ballots,  nor  mark  them, 
either  by  scratching  off  a  name  or  writing  one  upon  them, 
nor  in  any  other  way  put  a  mark  upon  them,  except  by 


VOTERS    AND    ELECTION    OFFICERS.  / 

placing  one  in  the  circle  or  on  the  square,  as  above  de- 
scribed. Otherwise  the  ballot  will  not  be  counted.  You 
must  not  put  any  mark  of  any  kind  upon  your  ballots,  ex- 
cept in  the  manner  above  described. 

Fourth.  After  you  have  marked  your  ballots,  andJ:>e- 
fore  you  leave  the  election  booth,  fold  them  up  separately 
so  that  the  face  of  each  one  can  not  be  seen,  and  so  the 
initial  letters  of  the  names  of  the  Polling  Clerks  on  the  back 
thereof  can  be  seen.  Then  hand  your  ballots  to  the  In- 
spector, the  pencil  to  the  Polling  Clerks,  and  immediately 
leave  the  election  room. 

Fifth.  If  you  are  physically  unable  to  mark  your  bal- 
lots, or  can  not  read  English,  so  inform  the  Polling  Clerks, 
and  make  an  affidavit  to  that  effect.  They  will  then  go 
with  you  into  the  election  booth,  and  you  can  there  tell 
them  how  you  desire  to  vote,  and  they  will  mark  your  ballot 
for  you.  Neither  you  nor  the  Polling  Clerks  must  permit 
any  other  person  to  hear  or  see  how  your  ballot  is  marked. 
It  is  a  penal  offense  to  declare  you  can  not  read  English,  or 
can  not  mark  your  ballot,  if,  in  fact,  you  can. 

{In  no  case  can  the  ballots  be  marked  by  the  Polling  Clerks  if  the 
voter  can  read  the  English  language  and  is  physically  able  to  mark  his 
ballot.  Nor  can  they  mark  it  until  the  voter  has  made  the  proper  atti 
davit.] 

Sixth.  If  you  should  accidentally,  or  by  mistake,  deface, 
mutilate  or  spoil  one  of  your  ballots,  return  it  to  the  Poll 
Clerks  and  get  another  one  of  the  same  kind. 

Seventh.  You  must  not  accept  a  ballot  from  any  person 
outside  of  the  election  room.  Any  ballot  outside  is  fraudu- 
lent ;  and  it  is  a  penitentiary  offense  to  have  it  in  your  pos- 
session, whether  you  attempt  to  vote  it  or  not. 

Eighth.  You  must  not  attempt  to  hold  any  conversation 
in  the  election  room  except  with  members  of  the  Election 
Board  and  the  Polling  Clerks. 

Ninth.  Use  only  the  blue  pencil  handed  you  by  the  Poll- 
ing Clerks  in  marking  your  ballots.  If  you  mark  with  any 
other  pencil,  your  ballot  so  marked  will  be  void,  and  will 
not  be  counted. 

Tenth.  You  must  not  put  any  mark  of  any  kind  on  your 
ballot,  except  as  above  described. 


8  INSTRIJOTIONS    TO 

Eleventh.  If  you  are  unable  to  vote  by  macbine  on  ac- 
count of  physicial  disability  or  inability  to  read  English,  and 
make  an  affidavit  to  that  effect,  you  will  be  instructed  or 
assisted  by  the  Polling  Clerks,  as  in  the  case  of  voting  by 
ballot.  If  you  request  it,  you  will,  upon  being  registered  by 
the  Polling  Clerks,  be  instructed  by  them  as  to  the  manner 
of  voting  by  machine.  You  can  not  remain  in  the  voting 
machine  booth  more  than  one  minute;  and  no  person  can 
be  in  or  near  the  machine  when  a  voter  is  in  the  voting  ma- 
chine booth  unless  it  is  the  Polling  Clerks  while  instructing 
or  assisting  the  voter. 

[If  the  foregoing  instructions  to  voters  are  printed  on  cards  and  posted 
up  at  the  polls,  it  will  be  a  sufficient  compliance  with  the  provisions  of  the 
statute  requiring  instructions  to  be  posted  up  at  such  places.  Add,  how- 
ever, in  full,  at  the  foot  of  such  cards  the  original  Sections  43,  50,  55,  56, 
59  and  60  of  the  election  law  of  March  6,  1889,  being  Sections  99,  106.  Ill, 
112^  115,  116  of  this  compilation.] 

VOTING  BY  MACHINE. 

1.  The  election  officers  in  precincts  where  voting  is 
done  by  machines  will  be  the  same  as  in  voting  by  ballot. 

2.  All  laws  relating  to  the  secrecy  of  the  ballot  and  the 
number  of  persons  permitted  in  the  room  apply  as  well  to 
machine  voting  as  in  voting  by  ballot.  No  voter  can  be 
permitted  to  remain  in  the  voting  booth  more  than  one 
minute.     (Sec.  300.) 

3.  When  the  voter  enters  the  election  room  he  must 
announce  his  name  to  the  Polling  Clerks,  who  must  register 
it  in  the  same  manner  as  when  voting  by  ballot. 

4.  The  laws  as  to  qualifications  of  voters,  and  as  to 
challengers  are  the  same  in  case  of  machine  voting  as  in 
voting  by  ballot. 

INSTRUCTIONS  TO  VOTERS  USING  VOTING 
MACHINES. 

1.  Voters  who  are  unable  to  vote  by  machine  on  account 
of  physicial  disability  or  inability  to  read  English,  and  who 
make  an  affidavit  to  that  effect,  must  be  instructed  or 
assisted  by  the  Polling  Clerks,  as  in  the  case  of  voting  by 
ballot. 

2.  If  the  voter  requests  it,  he  must,  upon  being  regis- 
tered by  the  Polling  Clerks,  be  instructed  by  them  as  to 
the  manner  of  voting  by  the  machine. 


VOTERS    AND    ELECTION    OFFICERS.  9 

3.  All  macliines  will  be  so  constructed  that  the  voter 
can  vote  either  a  straight  or  mixed  ticket. 

4.  Instruction  must  be  given  at  each  voting  place  as  to 
the  manner  of  voting  by  machine ;  no  fixed  rule  can  be  laid 
down,  because  it  is  not  known  what  kind  of  machine  will  be 
used  in  a  precinct.  

5.  After  the  voter  has  voted,  the  Inspector  or  one  of 
the  Judges  will  announce  to  the  Polling  Clerks  that  such 
voter  has  voted,  and  the  clerks  will  write  the  word  *  Woted'^ 
opposite  the  name  of  such  voter,  in  the  same  manner  as 
when  voting  by  ballot. 

CAUTION. 

As  voting  by  machine  is  an  experiment,  it  would  be  wise 
for  the  Inspector  to  provide  the  necessary  ballots  and  ballot 
boxes ;  so  that  in  case  of  the  machine  failing  to  work,  at  any 
time,  the  election  can  proceed  thereafter  in  the  usual  way 
of  voting  by  ballot.     ( Sec.  320. ) 

INSPECTORS. 

An  Inspector  must  have  been  a  freeholder  and  a  resident 
householder  of  his  precinct  for  one  year,  or  a  resident 
householder  for  two  years  immediately  preceding  the  day 
of  election.  If  no  person  qualified  to  act  will  consent  to 
serve  as  Inspector,  or  if  there  be  no  person  residing  in  the 
precinct  qualified  to  act  as  Inspector  by  reason  of  the  fact 
that  he  has  not  been  a  resident  householder  within  the  pre- 
cinct for  two  years,  or  a  freeholder  and  householder  for  the 
year  next  preceding  the  election,  then  any  qualified  voter  of 
the  precinct  may  be  appointed.    ( Sees.  61,  62  and  65. ) 

An  Inspector  must  not  have  anything  bet  or  wagered  on 
the  election,  nor  be  a  father,  father-in-law,  son,  son-in-law, 
grandfather,  grandson,  brother,  brother-in-law,  uncle, 
nephew,  or  first  or  second  cousin  of  any  candidate  at  the 
election. 

Not  more  than  three  nor  less  than  two  days  before  the 
day  of  election,  the  Inspector,  or  the  Judge  authorized  by 
him,  must  call  at  the  County  Clerk's  office  and  get  the  bal- 
lots for  his  precinct.  (Sees.  100, 103, 104.)  Before  going  he 
should  inform  himself,  if  he  can,  if  the  number  of  voters  in 
his  precinct  has  increased  fifty  per  cent,  since  the  last  presi- 
dental  election.     He  will  receive  ten  ballots  for  each  five 


10  IJ^STRtJCTlONS    TO 

voters  in  liis  precinct — ten  local  (county)  and  ten  township 
ballots — each  kind  of  which  must  be  counted,  wrapped  in 
separate  packages  and  sealed  in  his  presence.  He  will  also 
receive  a  sealed  package  containing  the  State  ballots,  for 
his  precinct,  three  blue  pencils,  the  cards  provided  by  the 
County  Board  of  Election  Commissioners  with  printed  in- 
structions for  voters,  and  three  sample  ballots  of  each  kind 
of  ballots.  All  these  he  must  carefully  guard  and  preserve. 
(Sees.  100, 102.)  If,  by  accident,  they  be  lost  or  destroyed, 
he  must  report  at  once  to  the  County  Board  of  Election 
.Commissioners,  at  the  County  Clerk's  office,  and  obtain  a 
new  supply.     ( Sees.  96, 105. ) 

At  the  time  the  election  supplies  are  received  by  the 
Inspector  he  shall  also  receive  from  the  Auditor  the  regis- 
tration books,  applications  and  affidavits  returned  by  the 
Registration  Board  of  his  precinct.  These  he  shall  have 
present  at  the  election  precinct  on  the  day  of  the  election, 
and  within  three  days  thereafter  he  shall  return  them  to  the 
Auditor.     (Sec.  45.) 

The  Inspector  acts  as  Chairman  of  his  Election  Board, 
and  must  announce  the  opening  and  closing  of  the  polls. 
His  duties  as  a  member  of  such  board  are  set  forth  herein- 
after under  the  head  of  '^Election  Board.'' 

Meals. — The  Inspector  should  see  that  the  Election 
Board  of  his  precinct  are  furnished  with  good,  plain  and 
substantial  meals,  at  the  regular  hours  for  meals,  during 
the  election  day  and  until  the  count  is  finished ;  but  no  spirit- 
uous, vinous  or  fermented  liquors  shall  be  furnished. 
Those  entitled  to  receive  these  meals  are  the  Inspector^  two 
Judges,  two  Poll  Clerks,  and  two  Election  Sheriffs,  and  no 
others.  The  Inspector  should  also  see  that  the  election 
room  is  comfortable,  such  as  furnishing  fuel,  light,  chairs, 
table  and  a  stove.     (Sec.  142.) 

APPOINTING  JUDGES. 

Before  opening  the  polls  the  Inspector  must  appoint  two 
Judges,  one  from  the  Progressive  and  the  other  from  the 
Democratic  party.  (Sec.  62.)  The  Chairmen  of  the  Pro- 
gressive and  Democratic  County  Committees  have  the  right 
to  name  these  Judges,  but  must  do  so  at  least  one  week  be- 
fore the  election.  (Sec.  61.)  If  a  member  of  the  Election 
Board  fail  to  appear  at  the  hour  for  opening  the  polls,  the 


VOTERS  AND  ELECTION  OFFICERS.  11 

remainder  of  the  Board  must  select  a  member  from  his  po- 
litical party  to  serve  in  his  stead.  The  qualified  voters  of 
his  party  present  at  the  polls  may  nominate  a  qualified  per- 
son for  the  vacancy,  and  he  must  be  appointed.  If  no  mem- 
ber of  the  election  Board  appear  at  the  hour  appointed  for 
opening  the  polls,  the  qualified  voters  present  must  elect~a 
Board  viva  voce  as  nearly  as  possible  in  conformity  with 
the  requirements  above  stated.     (Sec.  62.) 

ELECTION  JUDGES. 

Election  Judges  have  no  duties  except  as  members  of 
the  Election  Board.  They  must  be  qualified  voters  of  the 
precinct  and  have  been  freeholders  and  resident  house- 
holders therein  for  at  least  one  year,  or  householders  for 
at  least  two  years  next  preceding  the  day  of  election,  and 
be  members  of  different  political  parties  and  of  the  parties 
which  cast  the  highest  number  of  votes  in  the  State  at  the 
last  State  election.  If  no  persons  who  are  qualified  will 
consent  to  serve  as  such  Judges,  or  if  there  are  no  persons 
residing  in  the  precinct  qualified  to  act  as  Judges  by  reason 
of  the  fact  that  they  have  not  been  resident  householders 
within  the  precinct  for  two  years,  then,  in  that  case,  any 
two  electors  of  the  precinct  may  be  appointed  as  such 
Judges.     (Sec.  61.) 

ELECTION  BOARDS. 

The  Election  Board  is  composed  of  the  Inspector  and 
the  two  Judges  representing  the  two  leading  political  par- 
ties. No  person  except  these  three  have  any  voice  in  deter- 
mining any  question  arising  for  the  Board's  decision. 
(Sees.  61  and  62.) 

NOMINATION  OF  POLL  CLERKS.  The  first  duty  of 
an  Election  Board  is  the  appointment  of  Poll  Clerks,  who 
must  be  qualified  electors  of  the  precinct  and  representa- 
tives of  the  two  leading  parties.  If  nominations  have  been 
made  by  the  chairman  of  these  two  parties,  such  nominees 
must  be  appointed.     (Sec.  63.) 

OATH  OF  OFFICE.  The  next  duty  is  taking  the  oath 
of  office  in  accordance  with  Sections  65  and  66.  The  law 
requires  the  Inspector  and  Judges  to  be  qualified  on  the 
morning  of  the  election.     If  no  person  is  present  at  the  poll- 


12  INSTRUCTIONS    TO 

ing  place  authorized  to  administer  oaths,  the  Inspector  ad- 
ministers the  oath  to  the  two  Judges  and  then  one  of  the 
Judges  administers  the  oath  to  the  Inspector.  The  In- 
spector administers  the  oath  to  the  Polling  Clerks.  (Sec. 
67.)  The  Inspector  then  reads  to  the  Judges  Sections  57 
and  58  of  the  election  law,  and  each  member  of  the  Election 
Board  then  takes  an  oath  as  provided  in  said  sections. 
(Sees.  124  and  125.) 

PROVIDING  BALLOTS  AND  FURNITURE.  In  case, 
for  any  reason,  the  ballots  or  any  necessary  furniture  for 
the  election  be  not  on  hand  at  the  opening  of  the  polls,  the 
Board  must  supply  them  as  speedily  as  possible.  Ballots 
should  be  obtained  from  the  person  who  was  entrusted  to 
bring  them  to  the  polling  places,  if  possible ;  if  not,  then  at 
the  County  Clerk 's  office ;  and  if  that  be  impracticable,  the 
Board  must  have  them  printed.     (Sec.  105.) 

OPENING  BALLOT  PACKAGES.  After  the  organi- 
zation of  the  Board  the  ballot  packages  must  be  opened  by 
the  Inspector  in  the  presence  of  the  Board  without  breaking 
the  seals,  in  other  words,  cut  the  strings  and  leave  the  seals 
on  them.  (Sec.  101.)  The  seals  must  be  preserved  and  re- 
turned with  the  protested,  disputed,  defective  and  un- 
counted ballots.  (Sec.  119.)  The  Inspector  then  delivers 
twenty-five  of  each  of  the  different  kinds  of  ballots  to  the 
Poll  Clerk  of  the  party  opposing  his  own,  and  the  pencils  to 
the  other  Clerk,  who  has  charge  of  the  same.  As  soon  as  a 
ballot  has  been  delivered  by  the  Poll  Clerk  to  a  voter  the 
Inspector  must  deliver  another  ballot  to  the  Poll  Clerks, 
who  must  at  once  sign  it  with  their  initials  and  place  it  at 
the  bottom  of  those  already  signed,  so  that  at  all  times  the 
Poll  Clerk  shall  have  twenty-five  of  each  of  the  different 
kinds  of  ballots  before  him.     (Sec.  101.) 

BALLOT  BOXES.  The  ballot  boxes  must  be  opened, 
examined  and  then  closed  and  locked  before  announcing 
that  the  polls  are  open.  One  key  must  be  retained  by  the 
Inspector  and  the  other  key  given  to  the  Judge  of  the  op- 
posite politics  of  the  Inspector.     (Sec.  69.) 

OPENING  THE  POLLS.  When  these  duties  have  been 
performed  and  the  Poll  Clerks  have  marked  their  initials  on 
the  lower  left-hand  corner  of  the  back  of  twenty-five  of  each 


VOTERS    AND    ELECTION    OFFICERS. 


13 


of  the  different  kinds  of  ballots,  the  Inspector  must  then  an- 
nounce that  the  polls  are  open.  No  ballot  can  be  received 
before  this  announcement  is  made.     (Sec.  78.) 

POLLS  OPEN  AT  6  A.  M.  SHARP.  The  failure  of  the 
Poll  Clerks  to  have  their  initials  marked  on  the  full  number 
of  twenty-five  ballots  shall  not  delay  the  opening  of  the 
polls.  The  law  says  the  election  shall  be  opened  at  6  o'clock 
a.  m.  (Sec.  70),  and  this  provision  is  mandatory.  As  soon 
as  the  clerks  have  any  bollots  at  all  marked  properly  with 
their  initials,  the  polls  shall  be  opened,  and  the  full  quota 
of  twenty-five  ballots  shall  be  marked  ahead  as  quickly  as 
possible  without  delaying  the  vote. 

POLLS  OPEN  CONTINUOUSLY.  The  polls  must  be 
kept  open  continuously  from  6  a.  m.  to  6  p.  m.,  unless  after 
4  p.  m.  when  there  has  been  no  vote  tendered  for  fifteen 
minutes,  the  Board  may,  by  unanimous  consent  of  all  its 
member,  close  the  polls.  (Sec.  70.)  After  the  polls  open 
at  an  election,  the  Board  can  not  adjourn  temporarily,  nor 
take  any  recess,  until  the  polls  have  been  regularly  closed, 
all  the  votes  counted,  the  returns  made  out,  and  the  result 
publicly  announced.  The  meals  should  be  served  the  Board 
in  the  election  room,  and  the  polls  kept  open  so  that  no 
delay  shall  be  had  in  voting.    (Sec.  142.) 

RIGHT  OF  ELECTION  BOARD  TO  CHALLENGE. 

The  right  of  any  person  offering  to  vote  may  be  challenged 
by  either  cliallenger  present,  by  any  member  of  the  Election 
Board,  or  by  any  voter  of  the  precinct.     (Sec.  108.) 

INTERPRETER.  If  any  member  of  the  Board  request 
it,  an  interpreter  may  be  called  to  aid  in  instructing  a  voter, 
but  the  interpreter  has  no  right  to  mark  the  ticket  or  see  it 
marked.     (Sec.  112.) 

BALLOTING.  The  Board  has  general  supervision  of 
the  balloting  and  should  not  permit  any  violation  of  the  law 
in  its  presence  without  the  immediate  arrest  of  the  offender. 
No  ballot  may  be  put  in  the  box  by  the  Inspector  if  the  man- 
ner in  which  it  has  been  marked  has  been  shown  to  any  per- 
son, or  if  it  has  been  mutilated,  or  defaced,  or  any  distin- 
guishing mark  put  on  it,  or  if  the  initials  of  the  Poll  Clerks 
do  not  appear  on  it.     (Sec.  116.) 


14  INSTRUCTIONS    TO 

CLOSING  POLLS.  No  voter  can  enter  the  election 
room  after  the  polls  are  closed,  but  any  voter  in  the  room  at 
the  time  of  closing  may  tender  his  vote  and  it  must  be 
received.  The  Inspector  must  make  proclamation  of  the 
closing  of  the  polls,  and  a  minute  of  the  time  must  be  en- 
tered by  the  Poll  Clerks  on  the  tally  papers.     (Sec.  70.)     . 

POLL  CLERKS. 

Poll  Clerks  must  be  qualified  voters  of  the  precinct  and 
taken  from  the  two  leading  parties.  They  may  be  nom- 
inated by  the  respective  County  Committees  four  days  prior 
to  the  election.  (Sec.  63.)  But  if  not,  they  must  be  se- 
lected and  appointed  by  the  Board  of  Election,  one  from 
each  of  the  two  leading  parties.     (Sec.  63.) 

OATH  OF  OFFICE.  The  first  duty  of  the  Poll  Clerks 
is  to  take  the  oath  of  office.     (Sec.  67.) 

PASTERS.  On  receiving  ballots  from  the  Inspectors 
the  Poll  Clerks  must  place  all  necessary  pasters  on  them  in 
their  proper  places,  when  a  candidate  has  been  properly 
named  to  fill  a  vacancy  occasioned  by  the  death,  removal 
or  resignation  of  any  candidate  after  the  tickets  have  been 
printed.     (Sec.  94.) 

INITIALS.  The  Poll  Clerks  must  place  their  initials  in 
their  ordinary  handwriting,  in  ink,  on  the  lower  left-hand 
corner  of  the  back  of  each  ballot  immediately  upon  receiv- 
ing the  ballots  from  the  Inspector.  (Sec.  101.)  This  must 
be  done  without  any  distinguishing  marks.  Twenty-five 
ballots  of  each  kind  must  be  kept  ready  for  delivery  to  the 
voters,  and  the  one  first  signed  must  be  delivered  first. 
(Sec.  101.)  Placing  a  mark  on  a  ballot  by  which  it  may  aft- 
erwards be  known  is  a  penal  offense.     (Sees.  127  and  128.) 

THE  VOTER  AND  POLL  CLERKS.  On  entering  the 
election  room  the  voter  announces  his  name  to  the  Poll 
Clerks.  The  Board  shall  cause  the  registration  books  for 
such  precinct  to  be  examined,  and  if  the  voter  is  properly 
registered  the  Poll  Clerks  shall  at  once  enter  his  name  upon 
their  register.  Then  they  furnish  him  with  one  of  each  kind 
of  ballots  and  a  blue  pencil,  and  on  request,  explain  to  him 
the  manner  of  voting.  This  explanation  must  be  made  in 
the  presence  of  the  whole  Board.    If  deemed  necessary  by 


VOTERS  AND  KLECTION  OFPICEES.  lo 

any  member  of  the  Board  an  interpreter  may  be  called. 
(Sec.  112.)  The  voter,  after  marking  and  properly  folding 
his  ballots  in  the  booth,  must  return  the  pencil  to  the  Poll 
Clerk  from  whom  he  received  it  and  deliver  the  ballots  to 
the  Inspector.  In  no  event  can  he  be  allowed  to  remain  in 
the  booth  more  than  five  minutes.  When  his  ballot  is  depos^ 
ited  in  the  ballot  box,  the  Poll  Clerks  must  write  the  word 
^  *  voted ' '  after  his  name  on  the  poll  lists.  ( Sec.  112. )  If  the 
elector  make  an  affidavit  that,  on  account  of  physicial  disa- 
bility or  inability  to  read  English,  he  can  not  mark  his  bal- 
lot, the  Poll  Clerks  must  do  so  for  him  in  the  presence  of 
each  other  and  in  his  presence,  and,  on  request,  must  read 
over  to  him  the  names  of  the  candidates  as  marked.  It  is 
a  felony  for  a  Poll  Clerk  to  deceive  any  elector  in  selecting 
or  marking  his  ballot.  (Sec.  115.)  If  the  voter  accidentally 
or  by  mistake  spoil,  mutilate  or  deface  has  ballot,  the  Poll 
Clerks  must  give  him  another  and  have  him  destroy  the 
first  in  the  presence  of  the  Board,  and  they  must  make  a 
minute  of  the  facts  on  the  poll  lists  at  the  time.  (Sec.  114.) 
If  the  voter  disclose  how  he  has  marked  his  ballot  it  must 
be  rejected,  and  the  Poll  Clerks  must  make  a  minute  of  that 
fact  on  the  poll  lists.    (Sec.  112.) 

ELECTION  SHERIFFS. 

The  Sheriff  must  appoint  two  special  deputies  as  Elec- 
tion Sheriffs  for  each  precinct;  one  from  each  of  the  two 
leading  political  parties.  The  chairman  of  each  of  such 
political  parties  may,  five  days  prior  to  the  election,  desig- 
nate an  Election  Sheriff  for  each  precinct,  and  if  the  per- 
son so  appointed  fail  to  appear  the  member  or  members  of 
the  Election  Board  of  his  political  party  must  appoint  a 
person  to  act  in  his  place.    (Sec.  79.) 

ATTENDANCE.  The  Election  Sheriffs  must  be  at  the 
polls  when  they  open  and  remain  until  the  count  is  con- 
cluded. (Sec.  79.)  During  the  canvass  of  the  vote  the 
Sheriffs  should  remain  in  the  election  room  with  the  Elec- 
tion Board.  They  may  go  in  and  out  of  the  election  room, 
when  they  wish,  or  as  the  occasion  may  require. 

AEEEST.  They  must  make  arrests  on  the  demand  of 
any  member  of  the  Board  (Sec.  79),  and  also  on  affidavit 


16  INSTRUCTIONS    TO 

made  before  the  Inspector  by  any  qualified  voter  that  any 
person  who  has  voted  is  not  a  legal  voter.  Persons  thus 
arrested  by  Election  Sheriffs  should  be  promptly  delivered 
by  them  to  the  nearest  magistrate  or  court,  where  their 
cases  may  be  speedily  heard,  and,  if  their  offense  be  bail- 
able, bond  may  be  given.  (Sec.  109.)  In  general,  the 
Sheriffs  must  follow  the  direction  of  the  Election  Board. 

VOTER  AND  SHERIFFS.  It  is  the  duty  of  the  Elec- 
tion Sheriffs  to  see  that  no  more  than  three  voters  are  per- 
mitted in  the  election  room  at  the  same  time,  and  that  all 
other  persons  are  kept  away  for  a  distance  of  fifty  feet. 
They  should  also  assist  infirm  or  decrepit  voters  going 
through  the  chute  to  and  from  the  election  room.   (Sec.  108.) 

CHALLENGERS  AND  POLL-BOOK  HOLDERS. 

One  challenger  and  one  poll-book  holder,  appointed  in 
writing  by  the  local  chairman  of  each  party  organization, 
are  entitled  to  stand  at  the  sides  of  the  chute  next  the  chal- 
lenge window.    (Sees.  79  and  108.) 

CAUSES  FOR  CHALLENGE.  The  following  are 
causes  for  challenge:  Bribery  (Sec.  12),  buying,  or  offer- 
ing to  buy  votes,  advising  bribery,  advising  buying  votes, 
selling  one's  vote  or  offering  to  sell  one's  vote,  not  having 
been  a  resident  of  the  United  States  for  one  year  or  of  the 
State  six  months  or  of  the  township  sixty  days,  or  of  the 
precinct  thirty  days  immediately  preceding  the  day  of  elec- 
tion, or  being  of  foreign  birth  and  not  having  been  natur- 
alized, or  not  having  taken  out  first  papers,  or  being  less 
than  twenty-one  years  of  age,  or  not  having  duly  registered. 
(Sec.  46.)  It  is  also  a  good  cause  for  challenge  that  the 
voter  has  been  disfranchised  by  a  court  of  this  State  for  a 
period  of  time  covering  the  day  of  election.  (Sees.  14 
and  54.) 

MODE  OF  CHALLENGING.  When  a  person  is  chal- 
lenged he  must  stand  aside,  and  can  not  vote  unless  he 
makes  an  affidavit  that  he  is  a  legal  voter.  If  he  makes 
such  an  affidavit,  he  is  entitled  to  vote,  unless  the  challenger 
or  some  other  person  make  an  affidavit  that  he  is  not  a  legal 
voter.  This  affidavit  may  be  made  on  information  or  be- 
lief, but  if  so,  the  person  or  persons  who  furnished  the  in- 


VOTERS  AND  ELECTION  OFFICERS.  17 

formation  must  be  named  in  the  affidavit.  The  voter  must 
then  bring  a  qualified  voter  of  the  precinct  as  a  witness,  who 
must  swear  that  of  his  own  knowledge  the  claimant  is  a 
legal  voter.  Any  false  statement  in  any  of  the  affidavits 
constitutes  the  crime  of  perjury.  (Sec.  110.)  The  voter 
making  the  last  affidavit  must  have  been  a  freeholder  and 
resident  householder  in  the  precinct  for  at  least  one  year, 
or  a  resident  householder  for  two  years,  next  preceding  the 
day  of  election,  unless  the  person  offering  to  vote  shall 
make  an  affidavit  that  there  is  no  person  of  his  political 
party  residing  in  the  precinct  who  has  been  a  freeholder 
and  householder  in  the  precinct  for  one  year  or  a  house- 
holder for  two  years,  in  which  case  the  affidavit  may  be 
made  by  any  qualified  voter.     (Sec.  108.) 

In  addition  to  the  above  grounds  of  challenge,  it  shall 
be  a  ground  of  challenge  that  the  person  offering  to  vote  is 
not  registered.  The  person  so  challenged,  shall  not  be  per- 
mitted to  vote  until  he  make  and  present  an  affidavit  that 
he  is  registered  under  the  name  under  which  he  intends  to 
vote.  Thereupon  the  election  officers  shall  inspect  the  ap- 
plication for  registration,  and  if  they  believe  that  the  affi- 
davit of  such  person  is  false  shall  order  his  arrest  at  once : 
Provided,  That  no  person  shall  be  allowed  by  the  officers  to 
vote  at  the  election  whose  name  is  not  registered,  even 
though  there  be  no  challenge  on  that  ground.    ( Sec.  46. ) 

CANVASSING  VOTE. 

ORDEE  OF  CANVASSING  BALLOTS.  The  Election 
Board  must  then  proceed  to  canvass  the  ballots ;  first  the 
State,  second  the  county,  third  the  township  (Sec.  119), 
fourth  the  Constitutional  Convention  and  fifth  the  Centen- 
nial Celebration  ballots. 

BALLOTS,  HOW  CANVASSED.  The  Election  Boards 
must  in  canvassing  the  votes  begin  first  with  the  State  bal- 
lots and  complete  them  before  proceeding  with  the  other 
ballots,  by  laying  each  ballot  upon  the  table  in  the  order  in 
which  it  is  taken  from  the  ballot  box ;  and  the  Inspector  and 
the  Judge  of  Election  differing  in  politics  from  the  In- 
spector must  view  the  ballots  as  the  names  of  the  persons 
voted  for  are  read  therefrom.  If  any  ballot  be  found  muti- 
lated, defaced  or  marked  so  that  it  can  be  identified,  it  must 

2—1779 


1g  INSTRUCTIONS    TO 

not  be  counted  (Sec.  119) ;  but  the  Board  should  not  adhere 
to  such  a  severe  construction  of  the  laws  as  will  deprive  in- 
nocent or  honest  voters  of  their  rights.  In  determining  the 
intention  of  the  voter  a  careful  but  common-sense  discre- 
tion should  be  exercised.  Instances  may  arise  where  finger 
marks  from  a  greasy  or  soiled  hand  may,  unintentionally, 
have  been  left  upon  a  ballot.  In  such  an  instance,  if  the 
Board  is  convinced,  after  a  careful  examination,  that  the 
marks  were  accidentally  and  not  intentionally  or  corruptly 
made,  the  ballot  should  be  counted.  If  the  initials  of  the 
Poll  Clerks  be  on  the  ballot  but  not  on  the  lower  left-hand 
corner,  and  this  appears  clearly  to  have  been  an  honest 
and  unintentional  mistake  of  the  Poll  Clerks,  the  ballot 
should  be  counted.  No  ballot  can  be  counted,  however,  if 
the  intention  of  the  voter  is  not  indicated  by  the  blue  pencil 
mark  and  in  the  exact  manner  required  by  the  statute, 
which  provides  that  the  cross  must  be  on  or  touch  the  circle 
or  the  square.    (Sec.  119.) 

All  ballots  voted  and  not  voted,  together  with  all  pro- 
tested, disputed  or  uncounted  ballots,  must  be  preserved 
and  returned  to  the  County  Clerk  ^s  office  in  the  proper  pack- 
ages.   (Sec.  119.) 

BALLOT,  WHERE  THERE  ARE  SEVERAL  CAN- 
DIDATES FOR  SAME  OFFICE.  In  case  there  are  two 
or  more  persons  to  be  elected  to  the  same  office,  as  in  the 
case  of  Senators  and  Representatives  in  the  Legislature, 
Judges  of  the  Superior  Court,  Justices  of  the  Peace,  etc.,  if 
the  names  of  one  or  more,  but  less  than  all,  of  such  persons 
for  a  particular  office  are  marked  on  one  or  more  of  the 
tickets,  the  ballot  must  be  counted  for  the  persons  whose 
names  are  so  marked ;  but  if  in  such  case  the  names  of  more 
persons  than  are  to  be  elected  to  the  particular  office  are 
marked  on  any  ballot,  such  ballot  can  not  be  counted  for 
any  person  for  that  office,  for  the  reason  that  it  can  not  be 
determined  which  of  the  right  number  to  be  elected  were 
ijitended  to  be  voted  for,  but  the  ballot  is  valid  and  must 
be  counted  for  the  candidates  for  other  offices  as  to  whom  it 
is  properly  marked.    (Sec.  119.) 

BALLOT  IN  WRONG  BOX.  If  the  Inspector,  by  mis- 
take or  intention,  deposit  genuine  ballots  in  the  wrong  box, 
putting  State  ballots  in  the  local  box,  or  local  ballots  ki  the 


VOTERS    AND    ELECTION    OFFICERS. 


19 


State  box,  such  ballots  must  be  counted.     (See  130  Ind. 
561.) 

CLOSE  OF  COUNT.  The  Board,  after  canvassing  the 
ballots,  must  record  the  results  on  the  tally  sheets,  and  make 
out  three  certificates  of  the  number  of  votes  for  each  candi- 
date, over  the  signature  of  all  the  members  of  the  Board, 
and  deliver  one  of  them  to  each  member  of  the  Board.  (Sec. 
119.) 

All  ballots,  voted  and  not  voted,  together  with  all  dis- 
puted, protested,  uncounted  and  defective  ballots,  must  be 
preserved  and  returned  to  the  County  Clerk's  office,  in  the 
sealed  bags.  Before  putting  such  ballots  in  the  bag,  one 
of  the  Poll  Clerks  must  endorse  upon  the  back  of  each  dis- 
puted, defective,  uncounted  or  protested  ballot  the  word 
'* counted''  or  *^not  counted,"  or  if  counted  in  part,  for 
whom  counted,  as  the  case  may  be,  which  statement  must 
be  signed  by  both  of  the  Clerks.    (Sec.  119.) 

PROTESTED  BALLOTS.  At  the  close  of  the  canvass 
the  Poll  Clerks  must  make  memoranda  on  the  tally  sheets 
of  the  protested,  uncounted,  disputed  and  defective  ballots. 
It  is  intended  by  the  law  that  there  should  be  a  separate 
memorandum  for  each  ballot,  specifying  the  objections  to 
it.  It  will,  therefore,  be  necessary  to  number  the  protested, 
uncounted,  disputed  and  defective  ballots  so  that  the  objec- 
tions may  be  referred  to  the  proper  ones  by  number.  (Sec. 
119.) 

A  paper  sack  is  provided  in  which  the  seals  of  the  ballot 
packages,  and  all  the  disputed,  protested,  uncounted  and  de- 
fective ballots  must  be  placed ;  and  this  bag,  after  sealing, 
must  be  delivered  to  the  County  Clerk.    (Sec.  119.) 

EFFECT  OF  PROTEST.  A  protest  does  not,  in  any 
sense,  mean  that  the  ballot  shall  not  be  counted.  It  must 
be  counted,  notwithstanding  the  protest,  if  a  majority  of 
the  Board  so  decide,  and  the  only  persons  to  decide  are  the 
Inspector  and  the  two  Judges.  If  a  ballot  is  counted  over 
the  protest  of  a  member  of  the  Election  Board,  it  must  be 
preserved.    (Sec.  119.) 

PROHIBITED  ACTS.  It  is  punishable  by  fine  and  im- 
prisonment for  any  election  officer  to  electioneer  (Sec.  127) ; 
to  mark  in  an  unauthorized  way  any  ticket,  or  endeavor  to 


20  INSTEUCTIONS    TO 

ascertain  how  it  is  marked;  to  permit  any  ballots  to  be 
taken  away  (Sec.  98) ;  or  permit  any  ballot  packages  to  be 
opened,  or  ballots  removed  or  destroyed  (Sec.  121) ;  to  dis- 
close how  any  voter  has  voted  (Sec.  127) ;  to  mark  or  muti- 
late any  ballot ;  or  neglect  to  perform  any  duty,  or  in  any 
way  violate  the  election  laws  (Sec.  128.) 

It  is  punishable  with  fine  and  imprisonment  for  any  per- 
son to  remove  any  ballot  or  blue  pencil  from  the  election 
room,  or  even  to  have  a  genuine  ballot  in  his  possession 
(Sees.  99  and  117) ;  to  counterfeit  (Sec.  120)  or  tamper 
with  the  ballots  (Sec.  121) ;  to  remove  or  destroy  any  elec- 
tion supplies  or  conveniences  (Sec.  126) ;  to  wrongfully 
enter  the  election  room  (Sec.  122) ;  or  to  induce  or  attempt 
to  induce  any  elector  to  put  any  unauthorized  mark  on  or 
mutilate  his  ballot  (Sec.  123) ;  or  induce  or  attempt  to  in- 
duce any  election  officer  to  violate  his  duty.     (Sec.  125.) 

CUSTODIAN  OF  PAPERS. 

At  the  close  of  the  canvass  the  Inspector  must  take 
charge  of  the  sealed  bag  containing  all  affidavits  made ;  of 
the  second  bag  containing  all  voted  ballots;  of  the  third 
bag  containing  all  unvoted  ballots ;  of  the  fourth  bag  con- 
taining the  protested,  uncounted,  disputed  or  defective  bal- 
lots with  the  seals  of  the  ballot  packages ;  of  the  fifth  bag 
containing  the  list  of  voters  kept  by  the  Poll  Clerks,  the 
oaths  of  office  taken  by  the  election  officers,  and  one  of  each 
of  the  tally  papers.  For  further  particulars  how  these 
packages  must  be  sealed  and  where  they  are  to  be  delivered, 
see  under  the  head  of  ^* Disposition  of  Papers." 

DISPOSITION  OF  PAPERS. 

The  various  papers  and  documents  used  by  the  Board 
must  be  disposed  of  as  follows : 

(a)  The  count  being  completed,  the  Board  must  place 
in  a  paper  bag  or  envelope,  to  be  furnished  for  that  pur- 
pose, all  affidavits  made  and  taken  during  the  progress  of 
the  election,  which  bag  or  envelope  must  be  securely  sealed 
by  the  Board.  Each  member  of  the  Board  (Inspector  and 
two  Judges)  must  indorse  his  name  on  the  back  of  such  bag 
or  envelope,  which  must  be  delivered  at  once  to  the  County 
Clerk  by  the  Inspector.    (Sec.  135.) 


VOTERS  AND  ELECTION  OFFICERS. 


21 


(h)  All  ballots,  voted  and  not  voted,  and  all  protested, 
uncounted,  disputed  or  defective  ballots  preserved  must  be 
put  in  separate  bags  furnished  for  that  purpose,  together 
with  the  seals  of  the  ballot  packages,  in  the  same  condition 
as  they  were  when  the  packages  were  opened  at  the  be- 
ginning of  the  election.  The  Inspector  must  seal  said  bags" 
with  wax  and  indorse  thereon  the  number  of  ballots  therein, 
and  the  condition  of  the  seals  of  the  ballot  packages,  with 
the  name  of  the  township  and  precinct  or  ward  and  pre- 
cinct, and  he  must  deliver  it,  at  the  earliest  possible  period, 
to  the  County  Clerk.    (Sec.  119.) 

(c)  In  another  bag  must  be  placed  one  of  the  lists  of 
voters  kept  by  the  Poll  Clerks,  and  one  of  each  kind  of  tally 
sheets,  and  the  oaths  of  office  taken  and  subscribed  by  the 
election  officers  prior  to  the  opening  of  the  polls.  This  bag 
must  be  tightly  closed  and  sealed  with  wax  by  the  Inspector 
in  the  presence  of  the  Judges,  and  the  Inspector  must  de- 
liver it  to  the  County  Clerk  at  once,  and  make  the  affidavit 
required  by  Section  4713,  E.  S.  1881 ;  E.  S.  1901,  Sec.  6268 ; 
E.  S.  1908  and  1914,  Sec.  6954.    (Sec.  144.) 

(d)  The  certificate  of  the  result  of  the  election,  with  the 
remaining  sheets  and  poll  list,  must  be  delivered  at  once  by 
the  Inspector  to  the  County  Board  of  Canvassers  at  the 
County  Clerk's  office,  to  be  used  in  the  general  canvass  of 
the  votes.  In  no  event  should  the  Inspector  or  Judge,  who 
has  been  selected  as  custodian  of  these  papers,  part  with 
their  possession  or  permit  them  to  be  changed,  handled  or 
mutilated.    (Sec.  145.) 

BOARD  OF  CANVASSERS. 

VOTES  FOE  ALL  OFFICEES  OTHEE  THAN 
TOWNSHIP  OFFICEES— WHEN,  WHEEE  AND  HOW 
CANVASSED.  The  votes  for  all  officers,  other  than  Town- 
ship officers,  are  canvassed  by  the  County  Board  of  Elec- 
tion Commissioners,  which  for  that  purpose  is  constituted 
a  Board  of  Canvassers;  the  Board  meeting  for  that  pur- 
pose in  the  Circuit  Court  Eoom  in  the  Court  House  at  six 
o  'clock  p.  m.  upon  the  day  of  election.  The  Board  of  Can- 
vassers receive  the  election  returns  from  the  County  Clerk, 
to  whom  they  must  be  delivered  by  the  Inspector  imme- 
diately after  the  polls  are  closed  on  the  day  of  election. 
The  Board  proceeds  to  canvass  the  vote,  comparing  the  cer- 


22  INSTRUCTIONS    TO 

tificates,  poll  books  and  tally  papers,  and  aggregating  the 
vote,  and  declares  and  certifies  the  result.  If  two  or  more 
persons  shall  have  the  highest  and  an  equal  number  of  votes 
for  a  single  office  to  be  filed  by  the  voters  of  the  county, 
the  Board  declares  that  no  person  is  elected  to  fill  the  office 
and  certifies  to  that  effect.  The  Board  must  declare  the 
person  having  the  highest  number  of  votes  for  any  office 
to  be  filled  by  the  voters  of  a  single  county  duly  elected  to 
said  office,  and  certify  the  same.  No  tally  papers,  poll 
books  or  certificate  returned  by  any  election  board  can  be 
rejected  for  want  of  form  if  it  can  be  satisfactorily  under- 
stood, and  in  no  case  can  the  Board  of  Canvassers  reject 
the  returns  from  any  precinct  if  they  are  certified  by  the 
Board  of  Election  of  the  precinct,  as  required  by  law,  and 
presented  by  the  Inspector  or  one  of  the  Judges  of  the 
Board.  The  acts  of  the  Board  of  Canvassers  are  minis- 
terial ;  the  canvass  must  be  made  from  the  face  of  the  tally 
papery,  poll  books  and  certificates  made  by  the  Inspectors, 
Judges  and  Clerks,  but  it  is  now  permitted  to  hear  testi- 
mony and  compel  the  attendance  of  witnesses  to  answer 
under  oath  touching  any  questions  which  may  properly 
come  before  the  Board.  The  Sheriff  of  the  county  must 
certify  all  process  and  obey  all  orders  of  the  Board,  and 
shall  during  the  canvass  supply  a  deputy  who  shall  remain 
in  attendance  upon  the  Board,  and  be  paid  by  the  county 
at  the  rate  of  two  dollars  for  every  eight  hours  of  such  at- 
tendance. Failure  to  attend  in  response  to  a  subpoena  is 
made  a  contempt.  In  case  of  a  disagreement  between  the 
members  of  the  Board  of  Canvassers  as  to  how  the  vote  of 
any  precinct  shall  be  counted,  the  matter  in  dispute  must 
be  forthwith  reported  by  the  Board  to  the  Judge  of  the  Cir- 
cuit Court  in  a  brief  written  statement,  setting  forth  the 
grounds  of  disagreement,  together  with  all  papers  concern- 
ing the  matter,  and  such  judge  shall  summarily  determine 
such  dispute  and  direct  how  such  vote  shall  be  counted, 
and  such  determination  shall  be  final  as  regards  the  action 
of  the  Board  of  Canvassers.  It  is  the  duty  of  each  In- 
spector of  elections,  as  soon  as  the  certificates  required 
by  law  have  been  signed  by  the  precinct  election  boards, 
to  deliver  them,  together  with  one  of  the  lists  of  voters  and 
one  of  the  tally  papers  containing  the  vote  of  the  precinct 
for  all  officers  voted  for,  and  with  all  bags  requii^ed  to  be 


VOTEKS    AND    ELECTION    OFFICERS.  23 

returned  to  the  County  Clerk,  and  this  return  must  be  made 
promptly  upon  the  night  of  the  election.    (Sec.  147.) 

VOTES  FOR  TOWNSHIP  OFFICERS  —  WHEN, 
WHERE  AND  HOW  CANVASSED.  The  votes  for  town- 
ship officers,  where  there  is  but  one  precinct  in  the  township^ 
are  canvassed  by  the  Board  of  Election,  after  the  polls  are 
closed,  on  the  day  of  election,  and  the  result  certified  ac- 
cordingly; but  in  all  townships  where  there  are  more  than 
one  precinct  and  not  more  than  ten  precincts,  the  Inspectors 
of  the  several  precincts,  or  the  Judge  of  Election  to  whom 
the  certificates,  poll  books  and  tally  papers  have  been  deliv- 
ered, constitute  a  Board  of  Canvassers,  who  must  meet  on 
the  day  following  the  election  at  the  office  of  the  Township 
Trustee  at  as  near  10  o'clock  a.  m.  as  practicable,  and  or- 
ganize by  electing  one  of  their  number  as  chairman  and  one 
as  clerk,  and  compare  the  certificates,  poll  books  and  tally 
papers,  aggregate  the  vote,  and  declare  and  certify  the  re- 
sult; and  if  two  or  more  persons  have  the  highest  and  equal 
number  of  votes  for  the  same  office  they  must  determine  by 
lots  which  shall  be  declared  elected  and  give  a  certificate 
accordingly.    (Sees.  177  and  178.) 

If  there  are  more  than  ten  voting  precincts  in  any  town- 
ship of  a  county,  then  the  vote  for  township  officers  in  such 
township,  shall  be  canvassed  by  the  County  Board  of  Can- 
vassers at  the  same  time  and  place  that  the  vote  for  county 
officers  is  canvassed.    (Sec.  147.) 

MACHINE  VOTING. 

Where  machines  are  provided  for  voting,  a  railing  shall 
separate  the  part  of  the  room  occupied  by  the  Election 
Board  from  that  occupied  by  the  machine.  The  exterior  of 
the  machine  and  every  part  of  the  polling  place  shall  be  in 
plain  view  of  the  Board.  The  machine  shall  be  so  placed 
that  no  person  outside  the  railing  can  see  how  any  person 
has  voted.  No  one  can  go  inside  the  railing  except  for  the 
purpose  of  voting,  unless  it  is  necessary  to  assist  a  cripple 
or  illiterate  voter  to  vote.  If  a  voter  remain  in  the  compart- 
ment longer  than  one  minute,  he  shall  be  removed.  (Sec. 
300.) 

Cripples  and  illiterate  persons  can  receive  assistance  in 
machine  voting  only  under  circumstances  which  permit  as- 
sistance in  voting  by  ballot.    (Sec.  301.) 


24  INSTEUCTIONS    TO 

Sample  ballots  for  machine  voting  are  provided  by  the 
county  in  the  form  of  a  diagram  showing  the  entire  front  of 
the  voting  machine  after  the  ballot  labels  are  attached  for 
voting.  Three  of  the  sample  machine  ballots  shall  be  posted 
near  the  entrance  to  the  voting  chute.    (Sec.  303.) 

The  Inspector,  when  he  gets  his  supplies  on  the  Satur- 
day before  election,  gets,  among  other  things,  three  extra 
sets  of  ballot  labels  for  use  in  emergencies ;  but  the  labels 
on  the  machines  are  to  be  placed  there  originally  by  the 
County  Board  of  Election  Commissioners.     (Sec.'  304.) 

After  six  o'clock  in  the  evening  of  the  day  before  the 
election,  the  Inspector  and  Judges  meet  in  the  election  room 
and  see  that  the  machine  is  properly  labeled,  set  and  ad- 
justed, ready  for  voting.  At  five  o'clock  on  election  morn- 
ing, the  Election  Board  with  the  Clerks  and  Sheriffs  must 
meet  in  the  election  room  and  finally  assure  themselves  that 
the  machines  are  properly  labeled,  set  at  zero,  and  in  order. 
(Sec.  304.) 

As  soon  as  the  polls  are  closed,  the  Inspector,  in  the 
presence  of  the  Judges,  Clerks,  Sheriffs  and  Watchers, 
after  locking  the  voting  part,  shall  open  the  counting  com- 
partment and  read  off  and  announce  the  vote,  which  shall 
be  immediately  taken  down  and  recorded  by  the  Clerks. 
The  certificates  shall  be  returned  at  once  to  the  Canvassing 
Board  at  the  Clerk's  office  precisely  as  in  voting  by  ballot. 
(Sec.  307.)  The  machine  must  then  be  locked  up.  (Sec. 
308.)  The  keys  of  the  machine  must  then  be  returned  to 
the  County  Auditor.    (Sec.  310.) 

A  full  supply  of  ballots,  booths  and  boxes  for  voting 
purposes  will  be  furnished  each  Election  Board.  If  a  ma- 
chine fails  to  work  or  breaks  down  at  any  time,  notice  must 
be  sent  to  the  County  Auditor  at  once ;  but  the  voting  must 
not  be  delayed,  printed  ballots  must  be  issued  to  the  voters 
and  the  election  must  proceed  as  if  no  machine  had  been 
provided.  In  canvassing  the  vote  where  this  has  occurred, 
the  ballot  vote  is  to  be  added  to  the  machine  vote  as  re- 
corded at  the  time  of  the  break-down.    (Sec.  320.) 

By  an  act  approved  February  25,  1911  (Acts  1911,  page 
67),  provision  is  made  for  a  recount  and  correction  in  elec- 
tions where  voting  machines  are  used.    (Sec.  185.) 


VOTERS    AND    ELECTION    OFFICERS.  25 

CONSTITUTIONAL  AMENDMENT. 

Constitutional  amendments  when  proposed  are  printed 
in  brief  on  the  State  ballots.  They  are  followed  by  a  line 
with  the  word  **Yes'^  and  another  line  with  the  word  ^'No'' 
thereon  and  the  voter  may  indicate  his  desire  with  reference- 
to  such  constitutional  amendment  by  making  a  cross  (X) 
in  the  square  before  either  of  said  answers.     (Sec.  129.) 

If  any  political  party  polling  at  least  one  per  cent,  of 
the  entire  vote  cast  in  the  State  has  taken  action  upon  any 
constitutional  amendment  and  certified  its  resolution  to  the 
Secretary  of  State,  there  shall  be  printed  upon  the  ballot  of 
such  party  immediately  below  the  names  of  its  State  candi- 
dates, a  statement  of  such  proposed  constitutional  amend- 
ment followed  by  the  word  ^^Yes"  or  the  word  **No''  ac- 
cording as  affirmative  or  negative  action  may  have  been 
taken  thereon  by  such  party.  In  this  case  if  the  voter 
makes  a  cross  (X)  mark  in  the  circle  at  the  head  of  the 
State  ticket  for  the  purpose  of  voting  a  straight  party 
ticket,  he  thereby  votes  upon  said  constitutional  amendment 
in  accordance  with  the  action  taken  by  his  party;  or  if  he 
choose  he  may  vote  a  mixed  ticket  and  may  make  his  cross 
(X)  mark  in  the  blank  to  the  left  of  and  before  the  state- 
ment and  answer  thereto  that  he  desires  to  make.  (Sees. 
130-134.) 

PARTIES. 

The  party  vote  of  1908, 1910  and  1912  was  as  follows : 

1912.        1910.         1908. 

Democratic   281,890     299,935     338,262 

Eepublican  151,267     287,568    348,993 

Progressive    162,207 

Prohibitionist  19,249 

Socialist 36,931 

People 's 

Socialist  Labor 3,130 

*  Socialist  and  Socialist  Labor 

Independence  Party 


17,024 

18,045 

19,632 



1,193 

2,974 

13,476 

514 

Total  vote 654,474    627,123    720,483 


♦Combined  vote  of  the  Socialist  and  Socialist  Labor  parties  in  1908. 


26  INSTRUCTIONS    TO 

Under  the  law,  each  of  the  four  political  parties  which 
cast  the  largest  vote  in  1912  is  entitled  to  one  Watcher  at 
the  count  (Sec.  119)  and  each  party  which  cast  one  per  cent, 
of  the  total  vote  is  entitled  to  nominate  its  candidates  by 
petition.  Under  this  vote  the  only  political  parties  entitled 
to  nominate  by  convention  and  to  have  Watchers  at  the 
count,  are  the  Democratic,  Progressive,  Republican,  Prohi- 
bition and  Socialist  parties.  Nominees  of  other  parties  can 
only  be  placed  on  the  official  ballot  by  petition,  and  only 
such  signatures  to  petitions  can  be  counted  as  have  been 
acknowledged  before  an  officer  authorized  to  take  acknowl- 
edgments.    (Sec.  84.) 

ELECTION  SUPPLIES. 

Inspectors  are  required  by  law  to  call  at  the  offices  of 
the  Auditor  and  Clerk  in  the  Court  House  for  election  sup- 
plies on  the  Saturday  before  election.  If  they  can  not  go  in 
person,  they  must  send  one  of  the  Judges.  If  they  do  not 
get  the  supplies  on  Saturday,  they  must  serve  as  Inspector 
without  compensation,  and  are  subject  to  a  fine  of  from  ten 
to  one  hundred  dollars.    (Sec.  100.) 

RETURN  OF  VOTE. 

The  vote  must  be  returned  by  the  Inspector  to  the 
Clerk's  office  in  the  Court  House  immediately  on  the  con- 
clusion of  the  count.    (Sec.  145.) 

.    ARRANGEMENT  OF  BLANKS  AND  TICKETS. 

State  Ballots. 

On  the  State  tickets  the  names  of  the  candidates  when 
such  candidates  are  to  be  elected  will  be  in  the  following 
order: 

Presidential  Electors. 
For  United  States  Senator. 
For  Governor. 
For  Lieutenant-Governor. 
For  Secretary  of  State. 
For  Auditor  of  State. 
For  Treasurer  of  State. 


VOTERS    AND    ELECTION    OFFICERS.  27 

For  Attorney-General. 
For  Clerk  of  the  Supreme  Court. 
For  Superintendent  of  Public  Instruction. 
For  Chief  of  the  Bureau  of  Statistics. 
For  State  Geologist. 

For  Judge  of  the  Supreme  Court,  First  District.  — 

For  Judge  of  the  Supreme  Court,  Second  District. 
For  Judge  of  the  Supreme  Court,  Third  District. 
For  Judge  of  the  Supreme  Court,  Fourth  District. 
For  Judge  of  the  Supreme  Court,  Fifth  District. 
.  For  Judge  of  the  Appellate  Court,  First  Division. 
For  Judge  of  the  Appellate  Court,  First  Division. 
For  Judge  of  the  Appellate  Court,  First  Division. 
For  Judge  of  the  Appellate  Court,  Second  Division. 
For  Judge  of  the  Appellate  Court,  Second  Division. 
For  Judge  of  the  Appellate  Court,  Second  Division. 
For  Reporter  of  the  Supreme  Court. 

CONSTITUTIONAL  AMENDMENTS. 

LOCAL  BALLOTS. 

On  the  local  tickets  the  names  of  the  candidates  should 
be  in  the  following  order  as  far  as  applicable  to  the  partic- 
ular county : 

For  Representatives  in  Congress, Congressional 

District. 

For  Judge  of  the  Circuit  Court, Judicial  Circuit. 

For  Judge  of  the  Probate  Court. 

For  Prosecuting  Attorney,   Judicial  Circuit. 

For  Judge  of  the  Superior  Court, Superior  Court 

District. 

For  Judge  of  the  Superior  Court, County. 

For  Judge  of  Room Superior  Court, 

County. 

For  Judge  of  the  Criminal  Court, County. 

For  Judge  of  the  Juvenile  Court. 

For  Senator, County. 

For  Joint  Senator, Counties. 

For  Representative, County. 

For  Joint  Representative, Counties. 

For  Clerk  of  the  Circuit  Court. 


28  INSTRUCTIONS    TO 

For  County  Auditor. 
•     For  Comity  Treasurer. 
For  Recorder. 
For  Sheriff. 
For  Coroner. 
For  County  Surveyor. 
For  County  Assessor. 
For  County  Commissioner,  First  District. 
For  County  Commissioner,  Second  District. 
For  County  Commissioner,  Third  District. 
For  County  Councilman  at  large. 
For  County  Councilman, District. 

TOWNSHIP  BALLOTS. 

For  Township  Trustee. 

For  Township  Assessor. 

For  Township  Advisory  Board. 

For  Justice  of  the  Peace. 

For  Constables. 

For  Supervisor  of  Eoads,  District  No.  1. 

For  Supervisor  of  Roads,  District  No.  2. 

For  Supervisor  of  Roads,  District  No.  3. 

For  Supervisor  of  Roads,  District  No.  4. 

On  the  blank  forms  for  canvassing  provided  by  the 
County  Auditor,  the  names  of  the  candidates  should  be  ar- 
ranged in  the  same  order. 


INSTRUCTIONS  TO 
PRIMARY  ELECTION  OFFICERS 


SECTIONS  321  to  377 


POSTING  DIRECTIONS. 

The  Inspector  should  be  at  his  polling  place  early  enough 
before  8  a.  m.  to  enable  him  to  post  np  the  cards  of  instruc- 
tions. 

One  of  the  cards  must  be  posted  in  each  election  booth ; 
and  also  one  at  the  outer  end  of  the  chute.  Not  less  than 
three  cards  must  be  posted  about  the  polls  beyond  the  fifty- 
foot  limit. 

INSPECTORS. 

An  Inspector  must  have  been  a  freeholder  and  a  resident 
householder  of  his  precinct  for  one  year,  or  a  resident  house- 
holder for  two  years  immediately  preceding  the  day  of  elec- 
tion. If  no  person  qualified  to  act  will  consent  to  serve  as 
Inspector,  or  if  there  be  no  person  residing  in  the  precinct 
qualified  to  act  as  Inspector  by  reason  of  the  fact  that  he 
has  not  been  a  resident  householder  within  the  precinct  for 
two  years,  or  a  freeholder  and  householder  for  the  year  next 
preceding  the  election,  then  any  qualified  voter  of  the  pre- 
cinct may  be  appointed. 

An  Inspector  must  not  have  anything  bet  or  wagered  on 
the  election,  nor  be  a  father,  father-in-law,  son,  son-in-law. 
grandfather,  grandson,  brother,  brother-in-law,  uncle,  neph- 
ew, or  first  or  second  cousin  of  any  candidate  at  the  election. 

Not  more  than  three  nor  less  than  one  day  before  the  day 
of  election,  the  Inspector,  or  the  Judge  authorized  by  him, 
must  call  at  the  office  of  the  Clerk  of  the  Circuit  Court  in 
the  Court  House  and  get  the  ballots  and  other  election  sup- 
plies and  stationery.  All  these  he  must  carefully  guard 
and  preserve.  If,  by  accident,  they  be  lost  or  destroyed,  he 
must  report  at  once  to  the  County  Board  of  Election  Com- 
missioners, at  the  cffice  of  the  Clerk  of  the  Circuit  Court, 
and  obtain  a  new  supply. 

(29) 


30  INSTRUCTIONS    TO 

The  Inspector  acts  as  Chairman  of  his  Election  Board, 
and  must  announce  the  opening  and  closing  of  the  polls. 
His  duties  as  a  member  of  such  board  are  set  forth  herein- 
after under  the  head  of  **  Election  Board. '^ 

Meals. — The  Inspector  should  see  that  the  Election 
Board  of  his  precinct  are  furnished  with  good,  plain  and 
substantial  meals,  at  the  regular  hours  for  meals,  during  the 
election  day  and  until  the  count  is  finished;  but  no  spirit- 
uous, vinous  or  fermented  liquors  shall  be  furnished.  Those 
entitled  to  receive  these  meals  are  the  Inspector,  two 
Judges,  two  Poll  Clerks,  and  one  Election  Sheriff,  and  no 
others.  The  Inspector  should  also  see  that  the  election 
room  is  comfortable,  such  as  furnishing  fuel,  light,  chairs, 
table  and  a  stove. 

APPOINTING  JUDGES. 

Before  opening  the  polls  the  Inspector  must  appoint  two 
Judges,  one  from  the  Progressive  and  the  other  from  the 
Democratic  party.  The  Chairman  of  the  Progressive  and 
Democratic  County  Committees  have  the  right  to  name 
these  Judges.  If  a  member  of  the  Election  Board  fails  to 
appear  at  the  hour  for  opening  the  polls,  the  remainder  of 
the  Board  must  select  a  member  from  his  political  party  to 
serve  in  his  stead.  The  qualified  voters  of  his  party  pres- 
ent at  the  polls  may  nominate  a  qualified  person  for  the 
vacancy,  and  he  must  be  appointed.  If  no  member  of  the 
Election  Board  appears  at  the  hour  appointed  for  opening 
the  polls,  the  qualified  voters  present  must  elect  a  Board 
viva  voce  as  nearly  as  possible  in  conformity  with  the  re- 
quirements above  stated. 

ELECTION  JUDGES. 

Election  Judges  have  no  duties  except  as  members  of 
the  Election  Board,  which  see.  They  must  be  qualified 
voters  of  the  precinct,  and  have  been  freeholders  and  resi- 
dent householders  therein  for  at  least  one  year,  or  house- 
holders for  at  least  two  years  next  preceding  the  day  of 
election,  and  be  members  of  different  political  parties  and 
of  the  parties  which  cast  the  highest  number  of  votes  in 
the  State  at  the  last  State  election.  If  no  persons  who  are 
qualified  will  consent  to  serve  as  such  Judges,  or  if  there 


PRIMARY    ELECTION    OFFICERS.  31 

are  no  persons  residing  in  the  precinct  qualified  to  act  as 
Judges  by  reason  of  the  fact  that  they  have  not  been  resi- 
dent householders  within  the  precinct  for  two  years,  then, 
in  that  case,  any  elector  of  the  precinct  may  be  appointed  as 
such  Judge. 

ELECTION  BOARDS. 

The  Election  Board  is  composed  of  the  Inspector  and 
the  two  Judges  representing  the  two  leading  political  par- 
ties. No  person  except  these  three  have  any  voice  in  de- 
termining any  question  arising  for  the  Board's  decision. 

NOMINATION  OF  POLL  CLERKS.  The  first  duty 
of  an  Election  Board  is  the  appointment  of  Poll  Clerks,  who 
must  be  qualified  electors  of  the  precinct  and  representa- 
tives of  the  two  leading  parties.  If  nominations  have  been 
made  by  the  chairmen  of  these  two  parties,  such  nominees 
must  be  appointed. 

OATH  OF  OFFICE.  The  next  duty  is.  taking  the  oath 
of  office.  If  no  person  is  present  at  the  polling  place  author- 
ized to  administer  oaths,  the  Inspector  administers  the  oath 
to  the  two  Judges  and  then  one  of  the  Judges  administers 
the  oath  to  the  Inspector.  The  Inspector  administers  the 
oaths  to  the  Polling  Clerks. 

PROVIDING    BALLOTS    AND    FURNITURE.     In 

case,  for  any  reason,  the  ballots  or  any  necessary  furniture 
for  the  election  be  not  on  hand  at  the  opening  of  the  polls, 
the  Board  must  supply  them  as  speedily  as  possible.  Bal- 
lots should  be  obtained  from  the  person  who  was  entrusted 
to  bring  them  to  the  polling  places,  if  possible ;  if  not,  then 
at  the  County  Clerk's  office;  and  if  that  be  impracticable, 
the  Board  must  have  them  printed. 

OPENING  BALLOT  PACKAGES.  After  the  organi- 
zation of  the  Board  the  ballot  packages  must  be  opened  by 
the  Inspector  in  the  presence  of  the  Board  without  break- 
ing the  seals,  in  other  words,  cut  the  strings  and  leave  the 
seals  on  them.  The  seals  must  be  preserved  and  returned 
with  the  protested,  disputed,  defective  and  uncounted  bal- 
lots. The  Inspector  then  delivers  twenty-five  of  each  of 
the  different  kinds  of  ballots  to  the  Poll  Clerks,  who  must 


32  INSTKUCTIONS    TO 

place  their  initials  in  their  ordinary  handwriting  in  ink  of 
only  one  color  on  the  lower  left-hand  corner  of  the  back  of 
each  ballot,  and  then  deliver  to  the  Judges.  As  soon  as  a 
ballot  has  been  delivered  by  the  Judges  to  a  voter  the  In- 
spector must  deliver  another  ballot  to  the  Poll  Clerks,  who 
must  at  once  sign  it  with  their  initials  and  deliver  to  the 
Judges,  who  shall  place  it  at  the  bottom  of  those  already 
signed,  so  that  at  all  times  the  Judges  shall  have  twenty- 
five  of  each  of  the  different  kinds  of  ballots  before  them. 

BALLOT  BOXES.  The  ballot  boxes  must  be  opened, 
examined  and  then  closed  and  locked  before  announcing 
that  the  polls  are  open.  One  key  must  be  retained  by  the 
Inspector  and  the  other  key  given  to  the  Judge  of  the  oppo- 
site politics  of  the  Inspector. 

OPENING  THE  POLLS.  When  these  duties  have  been 
performed  and  the  Poll  Clerks  have  marked  their  initials 
on  the  lower  left-hand  corner  of  the  back  of  twenty-five  of 
each  of  the  different  kinds  of  ballots,  the  Inspector  must 
then  announce  that  the  polls  are  open.  No  ballot  can  be 
received  before  this  announcement  is  made. 

POLLS  OPEN  AT  8  A.  M.  SHARP.  The  failure  of 
the  Poll  Clerks  to  have  their  initials  marked  on  the  full 
number  of  twenty-five  ballots  shall  not  delay  the  opening 
of  the  polls.  The  law  says  the  election  shall  be  opened  at 
8  o'clock  a.  m.  and  this  provision  is  mandatory.  As  soon 
as  the  clerks  have  any  ballots  at  all  marked  properly  with 
their  initials,  the  polls  shall  be  opened,  and  the  full  quota 
of  twenty -five  ballots  shall  be  marked  ahead  as  quickly  as 
possible  without  delaying  the  vote. 

POLLS  OPEN  CONTINUOUSLY.  The  polls  must  be 
kept  open  continuously  from  8  a.  m.  to  8  p.  m.  in  all  pre- 
cincts in  the  city,  and  in  all  precincts  outside  of  the  city 
said  polls  shall  open  at  8  a.  m.  and  close  at  6  p.  m.  After 
the  polls  open  at  an  election,  the  Board  can  not  adjourn  tem- 
porarily, nor  take  any  recess,  until  the  polls  have  been  regu- 
larly closed,  all  the  votes  counted,  the  returns  made  out, 
and  the  result  publicly  announced.  The  meals  should  be 
served  the  Board  in  the  election  room,  and  the  polls  kept 
open  so  that  no  delay  shall  be  had  in  the  voting. 


PRIMARY   ELECTION    OFFICERS.  33 

EIGHT  OF  ELECTION  BOAED  TO  CHALLENGE. 

The  right  of  any  person  offering  to  vote  may  be  challenged 
by  either  challenger  present,  by  any  member  of  the  Election 
Board,  or  by  any  voter  of  the  precinct. 

INTEEPEETEE.  If  any  member  of  the  Board  request 
it,  an  interpreter  may  be  called  to  aid  in  instructing  a  voter, 
but  the  interpreter  has  no  right  to  mark  the  ticket  or  see 
it  marked. 

BALLOTING.  The  Board  has  general  supervision  of 
the  balloting  and  should  not  permit  any  violation  of  the 
law  in  its  presence  without  the  immediate  arrest  of  the  of- 
fender. No  ballot  may  be  put  in  the  box  by  the  Inspector 
if  the  manner  in  -which  it  has  been  marked  has  been  shown 
to  any  person,  or  if  it  has  been  mutilated,  or  defaced,  or  any 
distinguishing  mark  put  on  it,  or  if  the  initials  of  the  Poll 
Clerks  do  not  appear  on  it. 

CLOSING  POLLS.  No  voter  can  enter  the  election 
room  after  the  polls  are  closed,  but  any  voter  in  the  room 
at  the  time  of  closing  may  tender  his  vote  and  it  must  be 
received.  The  Inspector  must  make  proclamation  of  the 
closing  of  the  polls,  and  the  time  of  closing  must  be  entered 
by  the  Poll  Clerks  on  the  tally  papers. 

CUSTODY  OF  BALLOTS. 

During  the  election  the  Judge  of  each  party  must  have 
the  custody  of  the  ballots  of  his  party  and  if  there  are  can- 
didates for  nominations  of  any  party  not  represented  on  the 
Election  Board,  then  the  Judge  of  the  party  opposed  to  the 
party  to  which  the  Inspector  belongs  must  have  the  custody 
of  the  ballots  of  such  party  having  no  representation  on  the 
Board. 

MANNER  OF  VOTING. 

No  more  than  one  voter  for  each  booth  must  be  in  the 
election  room.  On  entering  the  election  room  the  voter 
announces  his  name  and  residence  and  also  announces  with 
which  political  party  he  is  affiliated,  and  the  Poll  Clerks 
record  his  name  on  the  poll  sheets  of  such  party  and  indi- 
cate his  party  affiliation  in  the  proper  column,  and  the  Judge 

3—1779 


34  INSTRUCTIONS    TO 

of  his  party  delivers  to  him  the  ballots  of  his  party  and  the 
other  Judge  delivers  to  him  a  blue  pencil.  He  can  not  re- 
ceive ballots  except  those  of  the  one  party  with  which  he 
has  announced  his  affiliation.  The  Judges  on  request  may 
explain  to  the  voter  the  manner  of  voting.  If  any  member 
of  the  Board  thinks  necessary,  an  interpreter  may  be  called. 

The  voter  enters  an  unoccupied  booth  and  indicates  the 
candidate  for  whom  he  wishes  to  vote  for  each  office  by 
making  a  cross  thus  (X)  with  the  blue  pencil  in  the  small 
square  to  the  left  of  the  name  of  each  candidate  for  whom 
he  desires  to  vote. 

If  the  voter  desires  to  vote  for  a  person  for  any  office 
other  than  the  person  or  persons  whose  name  or  names  are 
printed  on  the  ballot,  he  should  write  the  name,  or  insert  a 
paster  containing  the  name  of  such  person,  in  the  space  on 
the  ballot  set  apart  for  the  names  of  the  candidates  for  such 
office,  and  make  a  cross  thus  (X)  in  the  small  square  to  the 
left  of  said  name  as  above  indicated.  He  can  not  thus  write 
in  any  name  contained  on  any  other  party  ballot.  If  he  does 
take  a  name  from  the  opposite  party  ballot  and  write  it  on 
his  own  party  ballot  the  vote  should  not  be  counted  for  that 
office,  but  such  writing  of  a  name  would  not  be  a  distin- 
guishing mark  and  the  ballot  should  be  counted  for  other 
candidates  properly  voted  for. 

After  marking  the  ballot,  and  before  leaving  the  booth, 
the  voter  must  fold  it  so  that  the  face  CAN  NOT  be  seen, 
and  so  the  initials  of  the  Polling  Clerks  on  the  back  thereon 
CAN  be  seen.  Then  he  shall  hand  the  ballots  to  the  In- 
spector and  the  blue  pencil  to  the  Judge.  If  he  discloses 
any  of  the  candidates  voted  for,  after  marking  the  ballot, 
the  ballot  shall  not  be  deposited  in  the  box,  and  he  shall  not 
be  allowed  to  vote.  A  minute  of  such  occurrence  must  be 
made  on  the  poll  sheet. 

If  the  voter  deface,  mutilate  or  mark  his  ballot  except 
as  above  instructed,  he  shall  return  it  to  the  Judge  of  his 
party  and  get  a  like  one. 

If  the  voter  is  physically  unable  to  mark  his  ballot,  or 
can  not  read  English,  he  shall  inform  the  Poll  Clerk  of  his 
party,  and  make  affidavit  to  that  effect.  Said  Clerk  shall 
prepare  his  ballots  in  the  presence  of  the  Judge  of  his  party 
and  read  the  same  to  him  as  prepared.  A  false  declaration 
that  the  voter  can  not  mark  his  ballot  is  a  penal  offenge.    It 


PRIMARY   ELECTIOX    OFFICERS  35 

is  also  a  penal  offense  for  any  Clerk  to  deceive  any  voter 
in  reading  or  marking  such  ballot,  or  marking  the  same  in 
any  other  way  than  as  requested  by  such  voter.  No  voter 
shall  occupy  a  booth  longer  than  five  minutes. 

The  Inspector  shall,  forthwith,  in  the  presence  of  the 
voter  and  of  the  Election  Board,  deposit  the  folded  ballots^ 
received  from  said  voter  in  the  box  designated  to  receive  the 
ballots  of  the  party  with  which  the  voter  has  affiliated,  and 
tlie  Poll  Clerks  shall  write  ''Voted''  after  the  name  of  the 
voter  on  the  poll  sheets. 

It  shall  be  unlawful  for  any  person  to  advise,  counsel  or 
electioneer,  or  direct  the  voter  for  whom  to  vote  or  not  to 
vote,  or  to  overlook  the  voter  while  preparing  his  ballot  in 
the  voting  place,  or  for  the  voter  to  show  his  ballot  after 
being  marked.  After  voting  the  voter  shall  leave  the  room, 
but  no  voter  to  whom  ballots  and  pencil,  or  either,  have  been 
delivered,  shall  be  permitted  to  leave  the  room  without  vot; 
ing  the  ballots  or  returning  them  to  the  Poll  Clerk,  or  with- 
out returning  the  pencil  to  the  Poll  Clerk.  It  shall  be  un- 
lawful for  any  voter  to  attempt  to  leave  the  room  with  a 
ballot  or  the  pencil  used  in  marking  ballots  in  his  pos- 
session. 

VOTERS,  QUALIFICATION  AND  RIGHT. 

The  qualifications  for  voting  at  the  Primary  Election  are 
the  same  as  those  for  voting  at  the  General  Election,  except 
that  a  person  under  21  years  of  age  may  vote  if  he  will  be 
more  than  21  years  of  age  on  the  day  of  the  election  for 
which  nominations  are  being  made  at  the  Primary  Election. 
Furthermore,  residence  of  sixty  days  in  the  township  and 
six  months  in  the  State  (which  is  required  as  the  qualifica- 
tions for  voting  at  the  General  Election)  is  not  required  in 
a  Primary  Election,  provided  the  voter  has  resided  in  the 
precinct  thirty  days  immediately  preceding  the  day  of  elec- 
tion and  if  continuing  to  reside  in  the  township  and  State 
until  the  date  of  the  election  for  which  nominations  are  be- 
ing made,  will  then  have  resided  within  the  township  sixty 
days  and  within  the  State  six  months.  As  to  qualifications 
for  voting  a  particular  party  ticket  the  voter  is  qualified  if 
he,  at  the  last  election  at  which  he  voted,  voted  for  a  ma- 
jority of  the  candidates  of  that  party,  and  if  he  further  in- 


36  INSTRUCTIONS   TO 

tends  to  vote  for  a  majority  of  the  candidates  of  that  party 
at  the  next  election.  The  requirements  of  the  law  relating 
to  the  right  of  an  employe  to  have  sufficient  time  to  vote 
which  govern  General  Elections  govern  Primary  Elections. 
This  grants  the  employe  four  hours  in  which  to  vote,  during 
which  he  may  not  be  kept  at  work. 

POLL  CLERKS. 

Poll  Clerks  must  be  qualified  voters  of  the  precincts  and 
taken  from  the  two  leading  parties.  They  may  be  nominat- 
ed by  the  chairman  of  the  Progressive  and  Democratic 
County  Committees,  respectively,  but  if  not  so  nominated, 
they  must  be  selected  and  appointed  by  the  Board  of  Elec- 
tion, one  from  each  of  the  two  leading  parties. 

The  first  duty  of  the  Poll  Clerks  is  to  take  the  oath  of 
office.     Other  duties  are  given  under  Election  Board. 

ELECTION  SHERIFFS.  The  County  Sheriff,  upon 
request  of  the  Board  of  Primary  Election  Commissioners, 
must  appoint  one  special  deputy  as  Election  Sheriff  to  serve 
in  such  precincts  as  may  be  designated  by  said  Board,  and  if 
the  person  so  appointed  fail  to  appear  the  member  or  mem- 
bers of  the  Election  Board  must  appoint  a  person  to  act 
in  his  place. 

ATTENDANCE.  The  Election  Sheriff  must  be  at  the 
polls  when  they  open  and  remain  until  the  count  is  con- 
cluded. During  the  canvass  of  the  vote  the  Sheriff  should 
remain  in  the  election  room  with  the  Election  Board.  He 
may  go  in  and  out  of  the  election  room,  when  he  wishes,  or 
as  the  occasion  may  require. 

ARREST.  He  must  make  arrests  on  the  demand  of 
any  member  of  the  Board,  and  also  on  affidavit  made  before 
the  Inspector  by  any  qualified  voter  that  any  person  who 
has  voted  is  not  a  legal  voter.  He  may  make  an  arrest  when 
he  sees  any  violation  of  the  law.  Persons  thus  arrested  by 
Election  Sheriff  should  be  promptly  delivered  by  him  to 
the  nearest  magistrate  or  court,  where  their  cases  may  be 
speedily  heard,  and,  if  their  offense  be  bailable,  bond  may 
be  given.  In  general,  the  Sheriff  must  follow  the  direction 
of  the  Election  Board. 


PKIMARY   ELECTION    OFFICERS.  37 

VOTER  AND  SHERIFF.  It  is  the  duty  of  the  Elec- 
tion Sheriff  to  see  that  no  more  than  six  voters  are  per- 
mitted in  the  election  room  at  the  same  time,  and  that  all 
other  persons  are  kept  away  for  a  distance  of  fifty  feet. 
They  should  also  assist  infirm  or  decrepit  voters  going 
through  the  chute  to  and  from  the  election  room.  __ 

CHALLENGERS.  One  challenger,  appointed  in  writ- 
ing by  the  local  chairman  of  each  party  organization,  is  en- 
titled to  stand  at  the  sides,  of  the  chute  next  to  the  challenge 
window. 

CHALLENGING  VOTES.  A  challenger  may  chal- 
lenge any  person  offering  to  vote  on  the  ground  that  he  is 
not  a  legal  voter  of  the  precinct.  Any  qualified  voter  of 
the  precinct  who  has  voted  or  intends  to  vote  upon  the  bal- 
lot of  any  political  party  may  challenge  another  person 
offering  to  vote  upon  the  ballot  of  that  party,  on  the  ground 
thai  such  person  is  not  an  adherent  of  that  party.  If  a 
person  offering  to  vote  is  challenged  for  not  being  a  legal 
voter  of  the  precinct  he  must  then  make  affidavit  that  he 
is  a  citizen  of  the  State ;  that  he  has  been  a  resident  of  the 
precinct  for  the  last  thirty  days;  that  if  he  continues  to 
reside  in  the  precinct  until  the  November  election  he  will 
have  been  a  resident  of  the  State  for  more  than  six  months 
and  of  the  township  more  than  sixty  days,  and  that  he  will 
be  at  the  time  of  the  November  election,  more  than  21  years 
old ;  that  he  has  not  voted  and  will  not  vote  at  any  other 
precinct  at  the  primary,  stating  his  occupation  and  where 
he  has  resided  during  the  last  six  months,  with  the  date 
of  any  removal  during  the  time,  and  giving  the  names  of 
two  persons  who  have  knowledge  of  his  residence  in  the  pre- 
cinct and  township  or  ward  as  stated  by  him.  If  the  person 
challenged  makes  this  affidavit  he  is  then  allowed  to  vote 
unless  the  challenger  or  some  qualified  voter  of  the  precinct 
makes  affidavit  that  he  knows  or  is  informed  and  believes 
that  the  person  is  not  a  legal  voter  in  the  precinct,  and  if 
such  affidavit  is  on  information  and  belief,  it  shall  set  forth 
the  names  of  the  persons  from  whom  the  information  was 
obtained.  If  this  counter  affidavit  has  been  made,  then  the 
person  offering  to  vote  can  not  vote  unless  thereafter  one 
qualified  voter  of  the  precinct  who  has  been  a  freeholder  and 
resident  householder  therein  for  a  year,  or  a  resident  house- 


^8  INSTRUCTIONS    TO 

holder  for  two  years  next  preceding  the  primary,  shall  make 
affidavit  that  to  his  personal  knowledge  the  person  offering 
to  vote  is  a  legal  voter.  If  this  last  affidavit  is  made  the 
person  may  vote.  If  a  person  offering  to  vote  is  challenged 
on  the  ground  that  he  is  not  an  adherent  to  the  party  upon 
whose  ballot  he  intends  to  vote,  he  must  make  an  affidavit 
that  at  the  last  election  at  which  he  voted,  he  voted  for  a 
majority  of  the  candidates  of  the  party  upon  whose  ballot 
he  desires  to  vote,  and  that  at  the  next  election  he  will  sup- 
port a  majority  of  the  candidates  of  that  party. 

WATCHERS.  Each  party  whose  candidates  are  to  be 
nominated  at  the  primary  may  appoint  one  watcher,  who 
shall  be  permitted  to  be  present  during  the  canvass  of  the 
votes.  His  credentials  are  to  be  signed  by  the  county  chair- 
man of  the  party  which  he  represents. 

CANVASS  OF  THE  BALLOTS.  Before  beginning  to 
count  the  ballots  the  Election  Board  shall  burn  all  unvoted 
ballots  and  shall  determine  which  political  party's  vote 
shall  be  first  counted.  The  ballots  which  are  taken  from  the 
box  shall  be  laid  upon  the  table  in  the  order  taken.  The 
Inspector  and  the  Judge  of  Election  differing  from  him  in 
politics  shall  view  the  ballots  as  the  names  are  read  there- 
from. Any  member  of  the  Board  may  protest  as  to  the 
counting  of  any  ballot  or  any  part  thereof.  Any  ballot  not 
bearing  the  Poll  Clerk's  initials  or  bearing  a  distinguishing 
mark  shall  not  be  counted.  Where  it  is  impossible  to  de- 
termine the  voter 's  choice  of  candidates  the  ballot  shall  not 
be  counted  as  to  the  candidates  affected  thereby.  All  pro- 
tested, disputed,  defective  or  uncounted  ballots  shall  be  pre- 
served and  placed  in  bags  and  sealed  at  the  close  of  the 
count,  and  on  the  bags  inclosing  the  same  a  memorandum 
of  the  number  of  ballots  placed  therein  shall  be  made.  The 
Clerks  shall  record  on  the  tally  sheets  memoranda  of  these 
ballots  and  the  condition  of  the  seals  of  the  ballot  packages, 
and  each  ballot  protested  shall  be  indorsed  by  the  Clerks 
as  counted  or  not  counted  as  the  case  may  be,  which  state- 
ment must  be  signed  by  both  of  the  Clerks. 

At  the  end  of  the  count  the  Election  Board  shall  make  a 
memorandum  of  the  total  vote  cast  for  each  candidate  and 
deliver  a  copy  to  each  member  of  the  Board,  and  the  Board 
shall  burn  all  the  voted  ballots  except  the  disputed,  pro- 


PRIMARY    ELECTION    OFFICERS.  39 

tested,  uncounted  and  defective  ballots.  After  all  the  count- 
ing of  the  ballots  as  to  one  political  party  has  been  com- 
pleted, the  Board  shall  proceed  to  canvass  the  votes  of  one 
of  the  other  political  parties  participating  in  the  Primary. 

CLOSE  OF  COUNT.  The  Board,  after  canvassing  the 
ballots,  must  record  the  results  on  the  tally  sheets,  and  make 
out  three  certificates  of  the  number  of  votes  for  each  candi- 
date, over  the  signature  of  all  the' members  of  the  Board, 
and  deliver  one  of  them  to  each  member  of  the  Board. 

The  disputed,  protested,  uncounted  and  defective  ballots 
must  be  preserved  and  returned  to  the  County  Clerk's  office, 
in  the  sealed  bags.  Before  putting  such  ballots  in  the  bag, 
one  of  the  Poll  Clerks  must  endorse  upon  the  back  of  each 
disputed,  defective,  uncounted  or  protested  ballot  the  word 
*  ^counted''  or  *^not  counted,''  or  if  counted  in  part,  for 
whom  counted,  as  the  case  may  be,  which  statement  must 
be  signed  by  both  of  the  Clerks. 

PROTESTED  BALLOTS.  At  the  close  of  the  canvass 
the  Poll  Clerks  must  make  memoranda  on  the  tally  sheets 
of  the  protested,  uncounted,  disputed  and  defective  ballots. 
It  is  intended  by  the  law  that  there  should  be  separate 
memoranda  for  each  ballot,  specifying  the  objections  to  it. 
It  will,  therefore,  be  necessary  to  number  the  protested, 
uncounted,  disputed  and  defective  ballots  so  that  the  objec- 
tions may  be  referred  to  the  proper  ones  by  number. 

A  paper  sack  is  provided  in  which  the  seals  of  the  ballot 
packages,  and  all  the  disputed,  protested,  uncounted  and  de- 
fective ballots  must  be  placed;  and  this  bag,  after  sealing, 
must  be  delivered  to  the  County  Clerk. 

EFFECT  OF  PROTEST.  A  protest  does  not,  in  any 
sense,  mean  that  the  ballot  shall  not  be  counted.  It  must 
be  counted,  notwithstanding  the  protest,  if  a  majority  of  the 
Board  so  decide,  and  the  only  persons  to  decide  are  the  In- 
spector and  the  two  Judges.  If  a  ballot  is  counted  over  the 
protest  of  a  member  of  the  Election  Board,  it  must  be  pre- 
served. 


40  INSTRUCTIONS    TO 

DISPOSITION  OF  PAPERS. 

The  various  papers  and  documents  used  by  the  Board 
must  be  disposed  of  as  follows : 

(a)  The  count  being  completed,  the  Board  must  place  in 
a  paper  bag  or  envelope,  to  be  furnished  for  that  purpose, 
all  affidavits  made  and  taken  during  the  progress  of  the 
election,  which  bag  or  envelope  must  be  securely  sealed  by 
the  Board.  Each  member  of  the  Board  (Inspector  and  two 
Judges)  must  indorse  his  name  on  the  back  of  such  bag  or 
envelope,  which  must  be  delivered  at  once  to  the  County 
Clerk  by  the  Inspector. 

(b)  All  protested,  uncounted,  disputed  or  defective  bal- 
lots must  be  put  in  another  bag  furnished  for  that  purpose, 
together  with  the  seals  of  the  ballot  packages,  in  the  same 
condition  as  they  were  when  the  packages  were  opened  at 
the  beginning  of  the  election.  The  Inspector  must  seal  this 
bag  with  wax  and  indorse  thereon  the  number  of  ballots 
therein,  and  the  condition  of  the  seals  of  the  ballot  packages, 
with  the  name  of  the  ward  and  precinct,  and  he  must  deliver 
it  at  the  earliest  possible  period  to  the  County  Clerk. 

(c)  In  another  bag  must  be  placed  one  of  each  kind  of 
the  lists  of  voters  kept  by  the  Poll  Clerks,  and  one  of  each 
kind  of  tally  sheets,  the  oaths  of  office  taken  and  subscribed 
by  the  election  officers  prior  to  the  opening  of  the  polls.  This 
bag  must  be  tightly  closed  and  sealed  with  wax  by  the  In- 
spector in  the  presence  of  the  Judges,  and  the  Inspector 
must  deliver  it  to  the  County  Clerk  at  once,  and  make  the 
affidavit  required  by  Section  4713,  R.  S.  1881;  R.  S.  1901, 
Sec.  6268;  R.  S.  1908  and  R.  S.  1914,  Sec.  6954. 

CUSTODIAN  OF  PAPERS. 

At  the  close  of  the  count  the  Inspector  must  take  charge 
of  and/deliver  AT  ONCE  to  the  Board  of  Election  Com- 
missioners at  the  County  Clerk's  office  the  sealed  envelope 
containing  the  affidavits  made,  also  all  of  the  paper  bags 
containing  the  protested  and  disputed  ballots,  and  the  seals 
of  the  ballot  packages,  and  the  paper  bag  containing  the 
poll  sheets,  tally  papers  and  oaths  of  the  election  officers. 
In  addition  to  the  above,  the  Inspectors  of  the  election  in 
TOWNSHIPS,  having  more  than  ten  voting  precincts,  must 
take  and  deliver  AT  ONCE  to  the  Board  of  Election  Com- 


PRIMARY   ELECTION    OFFICERS.  41 

missioners  at  the  County  Clerk's  office,  to  be  used  in  the 
canvass  of  the  votes,  ONE  EACH  of  the  DEMOCRATIC, 
REPUBLICAN  and  PROGRESSIVE  Poll  Sheets,  ONE 
EACH  of  the  DEMOCRATIC,  REPUBLICAN  and  PRO- 
GRESSIVE COUNTY  Tally  Papers,  and  ONE  EACH  of 
the  DEMOCRATIC,  REPUBLICAN  and  PROGRESSIVE-^ 
TOWNSHIP  Tally  Papers ;  and  the  Inspectors  of  the  Elec- 
tion in  Townships  having  not  more  than  ten  voting  pre- 
cincts must  take  and  deliver  AT  ONCE  to  the  Board  of 
Election  Commissioners  at  the  County  Clerk's  office,  to  be 
used  in  the  canvass  of  the  votes,  ONE  EACH  of  the  DEMO- 
CRATIC, REPUBLICAN  and  PROGRESSIVE  Poll 
Sheets  and  ONE  EACH  of  the  DEMOCRATIC,  REPUB- 
LICAN and  PROGRESSIVE  COUNTY  Tally  Papers. 

The  Inspectors  in  the  townships  having  not  more  than 
ten  voting  precincts,  must  not  take  any  TOWNSHIP  TAL- 
LY PAPER,  other  than  the  ones  in  the  sealed  paper  bag, 
to  the  Board  of  Election  Commissioners,  but  on  the  next 
day  after  the  Primary,  as  near  the  hour  of  10  o'clock  a. 
m.  as  practicable,  the  Inspector  must  take  to  the  office  of 
the  Trustee  of  his  township  ONE  EACH  of  the  DEMO- 
CRATIC, REPUBLICAN  and  PROGRESSIVE  TOWN- 
SHIP Tally  Papers  and  there  canvass  the  votes  cast  for 
the  nomination  of  Township  Officers.  The  Township  Trus- 
tee wdll  have  the  necessary  canvasser's  sheets  for  canvass- 
ing the  votes  of  each  party's  candidates. 


INSTRUCTIONS  TO  VOTERS  AND  OFFICERS 
UNDER  THE  REGISTRATION  LAWS. 


WHERE  REGISTRATION  HELD. 

In  each  year  of  a  general  election  any  order  made  by  the 
Board  of  County  Commissioners  establishing,  changing,  di- 
viding, or  consolidating  election  precincts,  must  be  made 
not  later  than  their  March  session.  In  this  respect  Sec.  49 
of  the  general  election  laws  (R.  S.  1908,  Sec.  6883)  has  been 
amended  by  Sec.  2  of  the  Eegistration  Act  (Sec.  26) ;  R.  S. 
1914,  Sec.  6977a. 

The  registration  in  each  precinct  shall  be  held  in  a  suit- 
able room,  where  no  intoxicating  liquors  are  sold  or  kept, 
to  be  provided  by  the  Board  of  County  Commissioners  fif- 
teen days  before  each  session.  If  practicable,  the  same 
room  should  be  secured  for  the  sessions  of  the  Board  that 
will  be  used  for  the  election.  No  other  business  should  be 
conducted  in  the  room  during  the  time  the  Board  is  in  ses- 
sion. 

TIME  OF  SESSION. 

The  law  provides  that  a  session  for  registration  in  each 
year  of  a  general  election  shall  be  held  on  Monday,  the  29th 
day  before  such  election  and  designates  the  same  as  the 
regular  session  of  the  Board.  (Sec.  28.)  The  law  further 
provides  that  on  petition  of  ten  voters  of  the  precinct  in 
writing,  three  of  whom  shall  be  freeholders,  filed  with  the 
Board  at  its  regular  session,  the  Board  shall  continue  the 
regular  §ession  one  or  two  additional  days,  as  designated  in 
said  petition.  Any  such  petition  should  be  presented  to  the 
Board  while  in  session  for  receiving  applications.    ( Sec.  32. ) 

A  September  session  of  one  day  only  of  the  Registra- 
tion Board  must  be  held  on  the  fifty-ninth  day  before  a 
regular  election,  if  three  hundred  (300)  resident  freehold 
voters  of  a  county  at  least  eighty  (80)  days  before  a  regular 
election,  file  with  the  Auditor  of  the  County  a  written  peti- 
tion, asking  that  a  September  session  of  the  Board  be  held. 
The  qualifications  of  the  persons  signing  such  petition  shall 
be  verified  by  one  or  more  of  such  signers.    (Sec.  48.) 

(42) 


PRIMARY    ELECTION    OFFICERS.  43 

HOURS  OF  REGISTRATION. 

At  each  and  all  sessions  of  the  Registration  Board,  the 
Board  shall  be  in  session  to  receive  and  register  the  names 
of  voters  from  six  o'clock  a.  m.,  until  nine  o'clock  p.  m. 
(Sec.  32.)  ^ 

NOTICE. 

Before  holding  each  registration  session  a  notice  shall 
be  given  as  provided  in  Sec.  6  of  the  act,  that  is  to  say,  the 
Auditor  shall  give  newspaper  publication  of  such  time  and 
place  ten  days  before  each  session,  by  one  publication  in 
one  newspaper  of  general  circulation  of  each  of  the  two  po- 
litical parties  that  cast  the  highest  vote  respectively  in  the 
county  at  the  last  preceding  general  election,  printed  and 
published  in  the  county,  if  such  there  be,  and  if  either  or 
both  of  the  parties  that  cast  the  highest  and  next  highest 
number  of  votes  at  the  last  preceding  general  election  have 
no  paper  of  general  circulation  printed  and  published  in  the 
county  that  advocates  the  principles  of  such  party  or  par- 
ties, then  the  Auditor  should  publish  such  notice  in  the 
paper  selected  by  the  chairman  of  such  party  or  parties, 
and  each  Inspector  shall  post  fifteen  notices  eight  days  be- 
fore each  session  in  at  least  five  public  places  in  his  precinct. 
Sec.  6  of  the  act  provides  what  the  notices  shall  contain. 
The  act  contemplates  five  posted  notices  for  each  session. 
(Sec.  30.) 

REGISTRATION  OFFICERS. 

The  Registration  Board  consists  of  an  Inspector  and 
two  Clerks  for  each  precinct.  The  Inspector  is  appointed  by 
the  Board  of  County  Commissioners  at  its  August  session. 
He  must  be  at  the  time  a  voter  and  resident  freeholder  of 
the  township  in  which  is  situate  the  precinct  for  which  he  is 
appointed,  and  must  have  resided  in  the  township  continu- 
ously for  at  least  one  year  immediately  prior  to  his  ap- 
pointment ;  or  else,  he  must  be  a  voter  and  resident  house- 
holder of  the  precinct  for  which  appointed  and  shall  reside 
in  the  township  for  at  least  two  years  immediately  prior  to 
his  appointment.    (Sec.  27.)  , 


44  INSTRUCTIONS    TO 

After  the  Board  has  made  its  order  appointing  such  In- 
spector, the  County  Auditor  must  immediately  notify  each 
Inspector  so  named  of  his  appointment,  and  he  must  qualify 
within  ten  days  after  receipt  of  such  notice  by  taking  a 
written  oath  required  by  Sec.  3  of  the  law  and  filing  the 
same  in  the  Auditor  ^s  office.  Failing  to  qualify  within  such 
time,  his  office  becomes  vacant  and  the  vacancy  in  the  office 
of  a  Registration  Inspector  is  filled  by  the  County  Auditor. 
(Sec.  27.) 

The  Eegistration  Clerks  are  appointed  by  the  Inspector 
not  less  than  five  days  before  the  session  of  the  Registration 
Board,  upon  nomination  by  the  chairmen  of  the  two  parties 
casting  the  highest  and  next  highest  vote  in  the  county  at 
the  last  preceding  general  election.  The  county  chairman 
must  nominate  such  Clerk  at  least  ten  days  before  the  "ses- 
sion of  the  Registration  Board.  If  such  nomination  be  not 
made,  or  the  person  so  nominated  fail  to  appear  and  qualify, 
the  Inspector  must  nevertheless  appoint  such  Clerk,  and  such 
appointee  shall  be  of  the  political  party  to  which  the  chair- 
man failing  to  appoint,  or  Clerk  failing  to  appear  and  qual- 
ify, belongs.  If  a  Registration  Clerk  resigns,  dies  or  re- 
moves, the  chairman  having  the  original  appointing  power 
may  nominate  his  successor  if  he  do  so  before  the  convening 
of  the  next  session  of  the  Board.  If  the  Clerks  have  not 
already  made  oath  before  some  proper  officer,  at  the  organi- 
zation of  the  Board,  they  should  take  oath  in  writing  before 
the  Inspector,  his  power  of  appointment  being  deemed  to 
include  this  power  to  administer  such  oath.  These  oaths 
are  returned  by  the  Inspector  with  the  other  papers  to  the 
Auditor.    (Sec.  27.) 

The  Inspector  and  Clerks  of  the  registration  boards 
may  serve  in  a  like  capacity  upon  the  General'  Election 
Board ;  but  their  acceptance  of  and  qualification  as  election 
officers  would  vacate  their  positions  as  registration  officials. 
(Sec.  27.) 

PAY  AND  MEALS. 

The  law  provides  that  each  member  of  the  Registration 
Board  shall  be  paid  for  his  services  at  the  rate  of  $3.00  per 
day  for  the  time  necessarily  engaged  in  the  discharge  of  his 
duties  as  such  member,  and  the  Inspector  shall  furnish  mem- 
bers of  the  Board  with  good,  plain  and  substantial  meals 


I 


PKIMAEY   ELECTION    OFFICERS.  45 

during  the  time  they  are  in  session,  the  expense  of  which 
shall  be  paid  out  of  the  county  treasury.  (Sec.  30.)  The 
pay  is  for  each  day  of  twenty-four  hours  or  fractional  part 
thereof  spent  in  the  discharge  of  his  official  duties.  Inspect- 
ors also  receive  ten  cents  per  mile  as  mileage.  

BOOKS  AND  BLANKS. 

Eegistration  books  and  blanks  shall  be  prepared  by  the 
County  Auditor,  and  he  shall,  ten  or  more  days  before  the 
session  of  the  Registration  Board,  deliver  to  each  In- 
spector two  blank  forms  of  registration  books,  blank  appli- 
cations for  registration  and  other  necessary  stationery, 
which  should  contain  a  blank  for  the  qualifying  oath  of  the 
Clerks.  The  Inspector  should,  before  registration  day, 
place  a  portion  of  the  application  blanks  in  such  place  or 
places  and  in  such  hands  in  the  precinct  so  that  the  voters 
generally  may  have  access  to  such  blanks  before  the  day  of 
registration,  retaining  a  sufficient  number  to  supply  all 
voters  of  the  precinct  who  may  apply  for  them  on  registra- 
tion day.  These  blanks  may  be  printed  or  written  by  any 
one.    (Sec.  30.) 

Each  registration  book  shall  be  covered  with  tag,  have 
a  proper  caption  with  blanks  to  adjust  it  to  any  precinct, 
and  be  ruled  in  ten  columns,  headed  respectively:  Num- 
ber; Eesidence;  Age;  Where  Born;  When  Came  to  United 
States ;  When  and  Where  Naturalized ;  When  and  Where 
Declared  Intention;  Where  Resided  Since  October  Last; 
Remarks.  Each  registration  book  shall  contain  a  sufficient 
number  of  leaves  to  allow  for  all  voters  in  the  precinct, 
with  the  memoranda  required  after  the  names,  as  elsewhere 
shown,  in  an  alphabetical  index  in  the  back  of  the  book  of 
the  names  registered,  with  a  reference  to  their  numbers  re- 
spectively.   (Sec.  29.) 

WHO  MAY  REGISTER. 

The  object  of  the  registration  law  is  to  provide  for  and 
require  registration  of  all  voters  who  may  be  qualified  and 
desire  to  vote  at  the  next  general  election.  The  present 
qualifications  fixed  by  our  constitution  have  not  been 
changed,  and  any  one  who  may  be  qualified  to  vote  at 


46  instruotio:ns  to 

such  general  election  is  entitled  to  registration  therefor. 
(Sec.  31.) 

In  other  words,  on  election  day  the  act  requires  that,  in 
addition  to  his  constitutional  qualifications,  he  must  be  reg- 
istered. Eegistration  alone  does  not  qualify  one  to  vote, 
but  if  a  citizen  is  otherwise  qualified  and  not  registered  his 
vote  can  not  be  accepted.    (Sec.  31.) 

All  persons  appearing  to  cast  a  vote  at  the  general  elec- 
tion must  have  been  legally  registered;  and  so  one  not  of 
age  at  the  time  of  registration,  but  who  will  be  21  years  old 
on  or  before  the  election,  and  is  otherwise  qualified,  should 
register  in  order  to  vote.    (Sec.  31.) 

HOW  TO  REGISTER. 

The  voter  must  present  himself  in  person  to  the  Board 
for  registration  and  announce  his  name  and  present  his  ap- 
plication. Before  the  voter  presents  himself  to  the  Board, 
he  shall  make,  or  cause  to  be  made,  in  writing,  or  partly  in 
writing  and  partly  in  print,  his  registration  application, 
signed  by  him.  If  he  can  not  write  his  name  in  English  he 
may  write  it  in  any  other  language,  and  if  not  able  to  write 
in  any  language  he  may  procure  some  resident  of  the  town- 
ship to  write  his  name  for  him,  and  he  shall  make  his  mark, 
and  the  person  so  writing  the  applicant's  name  shall  also 
write  his  name  on  the  application  as  an  attesting  witness. 
It  is  made  unlawful  to  write  the  name  of  an  applicant  to  an 
application  unless  the  other  party  writing  it  is  personally 
acquainted  with  such  applicant.     (Sec.  32.) 

If  a  voter  fills  out  the  necessary  registration  blank,  the 
Clerks  must  register  him.  Should  one  of  the  Clerks,  how- 
ever, decline  to  register  the  voter,  the  other  Clerk  should 
register  him,  and  should  make  a  note  of  such  refusal  in  the 
^ '  Remarks  [ '  column,  opposite  the  voters  name.  Both  Clerks 
should  endorse  their  initials  on  the  back  of  every  appli- 
cation for  registration;  should  one  of  the  Clerks,  however, 
decline  to  endorse  his  initials  on  the  back  of  such  applica- 
tion the  other  Clerk  should,  nevertheless,  endorse  his  own 
initials  thereon,  and  make  a  reference  of  such  refusal  in 
the  ' '  Remarks ' '  column.    ( Sec.  35. ) 

If  a  foreign  born  applicant  for  registration,  at  the  time 
he  makes  such  application,  has  not  been  naturalized  nor 


PMMAKY   ELECTION    OPPlCERS.  47 

declared  his  intention  to  become  a  citizen  of  the  United 
States  conformably  to  law,  but  that  if  he  had  filed  such  a 
declaration  would  be  qualified  to  vote  at  the  general  elec- 
tion in  November  he  is  entitled  to  be  registered.  (Sec.  33.) 
In  other  words,  he  must  have  the  necessary  qualifications 
at  the  time  he  votes  in  November,  though  he  need  not  havir 
them  at  the  time  he  registers.  His  registration  alone  does 
not  qualify  him  to  vote  and  he  can,  when  applying  to  vote, 
be  then  challenged  for  lacking  the  necessary  qualifications. 
Such  a  foreigner  applying  for  registration  should  write  in 
his  application  the  additional  statement  that  while  not  nat- 
uralized he  expects  to  become  so  before  the  next  general 
election.  If  wrongfully  presenting  himself  for  registration, 
the  applicant  can  be  prosecuted,  also  challenged  when  he 
undertakes  to  vote.  All  first  papers  (declarations  of  inten- 
tion) taken  out  after  June  29th,  1906,  are  good  for  seven 
years  thereafter  and  no  longer,  and  by  operation  of  law  be- 
come void,  and  a  new  declaration  or  first  papers,  must  be 
taken  out,  or  the  person  is  not  qualified  to  vote. 


FOKEIGN  BOEN  CHILDREN  WHO  WERE  MINORS 

WHEN  THEIR  FATHERS  NATURALIZED  ARE 

NOT  REQUIRED  TO  NATURALIZE. 

Wlien  a  foreigner  has  been  naturalized  having  a  minor 
child  or  children  this  operates  of  itself  as  a  naturalization 
of  such  minor  child  or  children  who  came  to  this  country. 
(Sec.  442.)  If  the  father  has  been  naturalized,  but  the  son 
does  not  know  when  and  where,  this  information  can  be  pro- 
cured from  the  Bureau  of  Naturalization,  Washington,  D. 
C.  The  mere  fact  that  the  son  does  not  know  the  place  and 
time  of  his  father's  naturalization  does  not  disqualify  him 
from  registering,  but  might  be  a  serious  impediment  if 
such  person  is  challenged  when  he  presents  himself  to  vote. 
It  would,  of  course,  be  advisable  for  a  person  in  this  condi- 
tion to  secure  this  information  so  that  he  could  fill  out  his 
registration  blank  properly ;  or  he  could  declare  his  inten- 
tion to  become  a  citizen  of  the  United  States  conformably 
to  the  laws  thereof,  and  thus  avoid  any  possible  question. 


48  IKSTRUOTIONS   TO 

FORMS  OF  APPLICATION.     (Sec.  33.) 

Form  No.  1. 

APPLICATION   FOR   REGISTRATION   OF   NATIVE 
BORN  VOTER. 

No. Iii<i"   September 1914. 

My  name  is I  reside  in Precinct, 

Township, ,  Marion  County,  Indiana,  at 

Ward, 
No * Street,    


I  was years  of  age  on  the day  of 191 

I  was  born  in 

Attest :     Signed 

*If  the  residence  is  situated  outside  of  a  town  or  city,  give  the  name 
of  the  owner  or  reputed  owner  of  the  real  estate  on  which  the  applicant 
resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 
number  and  name  of  the  street,  also  the  name  of  the  town  or  city ;  if 
inside  of  a  town  or  city  that  has  no  street  numbers  give  the  character  of 
the  house,  whether  frame,  brick  or  other  material,  one  or  more  stories,  on 
what  street  or  alley,  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situated  and  the  name  of  the  town  or  city. 

Form  No.  2. 

APPLICATION  FOR  REGISTRATION  OF  FOREIGN 
BORN  NATURALIZED  VOTER. 

No Ind.,   September 1914. 

My  name  is I  reside  in Precinct, 

Township, ,  Marion  County,  Indiana,  at 

Ward, 
No * Street,    


I  was years  of  age  on  the day  of 191 

I  was  born  in I  was  naturalizezd  under  the  laws  of 

the  United  States  at on  the day  of 

1 

Attest : Signed 

*If  the  residence  is  situated  out^de  of  a  town  or  city,  give  the  name 
of  the  owner  or  reputed  owner  of  the  real  estate  on  which  the  applicant 
resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 
number  and  name  of  the  street,  also  the  name  of  the  town  or  city;  if 
inside  of  a  town  or  city  that  has  no  street  numbers  give  the  character  of 
the  house,  whether  frame,  brick  or  other  material,  one  or  more  stories,  on 
what  street  or  alley,  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situated  and  the  name  of  the  town  or  city. 


primary  election  officers.  49 

Form  No.  3. 

APPLICATION  FOR  EEGISTRATION  OF  FOREIGN 

BORN  VOTER  WHO  HAS  DECLARED  HIS 

INTENTION  TO  BECOME  A  CITIZEN. 

No Ind.y   September .1914-. 

My  name  is I  reside  in Precinct, 

Township, ,  Marion  County,  Indiana,  at 

Ward, 
No * Street, 


I  was years  of  age  on  tlie day  of 191. . . . 

I  was  born  in I  arrived  in  the  United  States  on  the 

day  of ,  1©. . . .     I  declared  my  intention 

to  become  a  citizen  of  the  United  States  conformably  to  the  laws  thereof 

touching  naturalization  at ,  on  the. day  of 

,19 I  have  resided  in  the  United  States  continuously 

since  October  31st  last  at  the  following  places : 

From 191 ,  to 191 ,  at 

From 191 ,  to 191 ,  at 

From 191 ,  to 191 ,  at 

and  from 191 to  the  present  time  at  the  place  where 

I  now  reside. 

Attest :  Signed 


*If  the  residence  is  situated  outside  of  a  town  or  city,  give  the  name 
of  the  owner  or  reputed  owner  of  the  real  estate  on  which  the  applicant 
resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 
number  and  name  of  the  street,  also  the  name  of  the  town  or  city;  if 
inside  of  a  town  or  city  that  has  no  street  numbers  give  the  character  of 
the  house,  whether  frame,  brick  or  other  material,  one  or  more  stories,  on 
what  street  or  alley,  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situated  and  the  name  of  the  town  or  city. 

Form  No.  4. 

APPLICATION  FOR  REGISTRATION  OF  FOREIGN 

BORN  VOTER  WHOSE  FATHER  WAS 

NATURALIZED. 

No Ind.,   September 1914. 

My  name  is I  reside  in Precinct, 

Township, ,  Marion  County,  Indiana,  at 

Ward, 
No * Street, 


4—1779 


50  INSTRUCTIONS    TO 

I  was years  of  age  on  the day  of 101 

I  was  born  in ;  I  am  the  son  of , 

who  was  a  native  of ,  and  who  was  naturalized  as  a 

citizen  of  the  United  States  when  I  was  a  minor. 

Attest : Signed 

♦If  the  residence  is  situated  outside  of  a  town  or  city,  give  the  name 
of  the  owner  or  reputed  owner  of  the  real  estate  on  which  the  applicant 
resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 
number  and  name  of  the  street,  also  the  name  of  the  town  or  city;  if 
inside  of  a  town  or  city  that  has  no  street  numbers  give  the  character  of 
the  house,  whether  frame,  brick  or  other  material,  one  or  more  stories,  on 
what  street  or  alley,  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situated  and  the  name  of  the  town  or  city. 


VOTERS  SICK,  QUARANTINED  AND  UNAVOIDABLY 
ABSENT  FROM  THE  COUNTY  MAY  REGISTER. 

Any  voter  who  is  sick,  quarantined  or  unavoidably  ab- 
sent from  the  County  may  register  by  executing  a  proper 
application.  This  application  must  set  out  the  same  facts 
that  are  required  in  an  application  of  a  voter  who  appears 
in  person,  and  in  addition  must  set  out  that  he  is  sick,  or 
is  quarantined,  or  that  he  is,  or  will  be  unavoidably  absent 
from  the  county,  stating  his  whereabouts,  on  the  day  or 
days  of  registration.  The  application  must  be  sworn  to 
before  an  officer  authorized  to  administer  oaths  and  using 
an  official  seal.  Two  freeholders  residing  in  the  precinct, 
must  certify  that  they  are  acquainted  with  the  voter  and 
that  the  facts  stated  in  the  application  are  true.  Then  the 
application  must  be  delivered  to  the  Board  while  sitting  for 
the  purpose  of  receiving  applications  by  a  registered  voter 
of  that  precinct.  The  Attorney  General  of  the  State  of 
Indiana  has  rendered  an  opinion  that  an  absent  voter  may 
register  at  a  special  session  of  the  Board  in  September, 
where  one  is  held,  or  at  the  regular  October  session  by  mak- 
ing the  proper  application.     (Sec.  38.) 

At  a  conference  of  the  representatives  of  the  respective 
Chairmen  of  the  Democratic,  Progressive  and  Eepublican 
parties,  it  was  agreed  that  the  words  ^^unavoidable  absence '^ 
from  the  county  as  used  in  Section  14  of  the  Eegistration 
Act  should  be  liberally  construed  so  as  to  permit  the  regis- 
tration of  all  voters  absent  from  the  country  on  registration 
day  whether  on  business  or  pleasure,  whose  absence  is  not 
for  the  purpose  of  avoiding  registration  in  person.     The 


PRIMARY    ELECTION    OFFICERS  51 

following  form  for  an  absent  Native  Born  Voter  or  one 
similar  thereto  may  be  used,  to-wit    (Sec.  38) : 

No ,  Ind.,. 1914 

My  name  is I  reside  in Precinct, 

Township,  ,    County,   Indiana,  at 

Ward,  ~ 

Xo * Street, 


I  was years  of  age  on  tlie day  of 101 . . . 

I  was  born  in 

I  am  entitled  to  vote  at  the  coming  General  Election  in  November  and 
will  be  unable  to  appear  before  the  Board  of  Registration  on  the  day  and 

am 
at    the    time    of    the    Session    thereof    in    said    Precinct    by    reason    of 


Thereby  and  by  reason  thereof  I  am  prevented  from   registering  in 
person  at  said  session  of  said  Board. 
Attest : Signed 

Subscribed  and  sworn  to  before  me,  this. day  of 1014. 

Witness  my  hand  and  official  seal, 


My  commission  exiiires ,  191 

We,  the  undersigned  freeholders  residing  in Precinct, 

Township ,    County,    Indiana,    certify   that 

Ward, 

we  are  personally  acquainted  with , 

the  above  named  applicant  for  registration,  and  know  him  to  be  the  person 
he  represents  himself  to  be,  and  that  the  facts  stated  in  the  annexed  ap- 
plication are  true. 

Witness  our  hands  this day  of 1914. 


*If  the  residence  is  situate  outside  of  a  town  or  city,  give  the  name 
of  the  owner,  or  reputed  owner,  of  the  real  estate  on  which  the  applicant 
resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 
number  and  name  of  street,  also  the  name  of  the  town  or  city;  if  inside 
of  a  town  or  city  that  has  no  street  numbers  give  the  character  of  the 
house,  whether  frame,  brick  or  other  material,  one  or  more  stories,  on  what 
street  or  alley  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situate  and  the  name  of  the  town  or  city. 

** State  the  reason.  If  you  are  unavoidably  absent  from  the  County, 
state  your  whereabouts  on  the  day  of  registration;  or  if  sick,  so  state; 
or  if  quarantined,  so  state. 


52  INSTRUCTIONS    TO 

If  the  voter  is  an  Absent  Foreign  Born  Naturalized 
Voter,  then  the  following  form  or  one  similar  thereto  may 
be  used;  to-wit: 

No ,  Ind., 1914 

INIy  name  is I  reside  in Precinct, 

Township, ,    County,   Indiana,  .  at 

Ward, 
No * Street,    


I  was years  of  age  on  the day  of 191 . . . 

I  was  born  in I  was  naturalized  under  the  laws  of 

the  United  States  at on  the day  of 1. . . 

I  am  entitled  to  vote  at  the  coming  General  Election  in  November  and 
will  be  unable  to  appear  before  the  Board  of  Registration  on  the  day  and 

am 
at    the    time    of    the    Session    thereof    in    said    Precinct    by    reason    of 


Thereby  and  by  reason  thereof  I  am  prevented  from  registering  in 
person  at  said  session  of  said  Board. 
Attest :     Signed 

Subscribed  and  sworn  to  before  me,  this day  of 1914. 

Witness  my  hand  and  official  seal, 


My  commission  expires ,  191 ...  • 

We,  the  undersigned  freeholders  residing  in Precinct, 

Township, ,    County,    Indiana,   certify   that 

Ward, 

we  are  personally  acquainted  with , 

the  above  named  applicant  for  registration,  and  know  him  to  be  the  person 
he  represents  himself  to  be,  and  that  the  facts  stated  in  the  annexed  ap- 
plication are  true. 

Witness  our  hands  this day  of 1914. 


*If  the  residence  is  situate  outside  of  a  town  or  city,  give  the  name 
of  the  owner,  or  reputed  owner,  of  the  real  estate  on  which  the  applicant 
resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 
number  and  name  of  street,  also  the  name  of  the  town  or  city;  if  inside 
of  a  town  or  city  that  has  no  street  numbers  give  the  character  of  the 
house,  whether  frame,  brick  or  other  material,  one  or  more  stories,  on  what 
street  or  alley  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situate  and  the  name  of  the  town  or  city. 

** State  the  reason.  If  you  are  unavoidably  absent  from  the  County, 
state  your  whereabouts  on  the  day  of  registration;  or  if  sick,  so  state; 
or  if  quarantined,  so  state. 


d 


PRIMARY  ELECTION  OFFICERS.  53 

If  the  voter  is  an  Absent  Foreign  Born  Voter  who  has  de- 
clared his  Intention  to  Become  a  Citizen,  then  the  following 
form  or  one  similar  thereto  may  be  used ,  to-wit : 

No Ind., 1914 

My  name  is •!  reside  in Precinct^ 

Township, ,    County,   Indiana,   at 

Ward, 
No * Street,    


I  was years  of  age  on  the day  of 191 . . . 

I  was  born  in I  arrived  in  the  United  States,  on  the 

day  of 19. . . .,  I  declared  my  intention  to  become 

a  citizen  of  the  United  States,  conformably  to  the  laws  thereof  touching 
Naturalization,  at ,  on  the day  of 19 

I  have  resided  continuously  in  the  United  States,  since  October  31st, 
last,  at  the  following  places : 

From 191 ,   to 191 ,  at 

From 191 ,  to ...191 ,  at 

From 191. . . .,  to 191. . . .,  at 

and  from 191 . . . . ,  to  the  present  time  at  the  place  where 

I  now  reside. 

I  am  entitled  to  vote  at  the  coming  General  Election  in  November  and 
will  be  unable  to  appear  before  the  Board  of  Registration  on  the  day  and 

am 
at    the    time    of    the    Session    thereof    in    said    Precinct    by    reason    of 


Thereby  and  by  reason  thereof  I  am  prevented  from  registering  in 
person  at  said  session  of  said  Board. 
Attest :     '...         Signed 

Subscribed  and  sworn  to  before  me,  this day  of 1014. 

Witness  my  hand  and  official  seal, 


My  commission  expires ,  191 

We,  the  undersigned  freeholders  residing  in Precinct, 

Township, ,    County,    Indiana,   certify  that 

Ward, 

we  are  personally  acquainted  with , 

the  above  named  applicant  for  registration,  and  know  him  to  be  the  person 
he  represents  himself  to  be,  and  that  the  facts  stated  in  the  annexed  ap- 
plication are  true. 

Witness  our  hands  this day  of 1914. 


♦If  the  residence  is  situate  outside  of  a  town  or  city,  give  the  name 
of  the  owner,  or  reputed  owner,  of  the  real  estate  on  which  the  applicant 
resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 


54  INSTRUCTIONS   TO 

number  and  name  of  street,  also  the  name  of  the  town  or  city;  if  inside 
of  a  town  or  city  that  has  no  street  numbers  give  the  character  of  the 
house,  whether  frame,  bricli  or  other  material,  one  or  more  stories,  on  what 
street  or  alley  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situate  and  the  name  of  the  town  or  city. 

♦♦State  the  reason.  If  you  are  unavoidably  absent  from  the  County, 
state  your  whereabouts  on  the  day  of  registration;  or  if  sick,  so  state; 
or  if  quarantined,  so  state. 

If  the  voter  is  an  Absent  Foreign  Born  Voter  whose 
Father  was  Naturalized  while  such  voter  was  a  minor  the 
following  form,  or  one  similar  thereto  may  be  used,  to-wit : 

No Ind 1914 

My  name  is I  reside  in .,l'recin(t, 

Township, 

Ward  '    County,   Indiana,   at 

No. * Street,    


I  was years  of  age  on  the day  of 191 . . . 

I  was  born  in I  am  the  son  of 

who  was  a  native  of ,  and  who  was  naturalized  as  a 

citizen  of  the  United  States  when  I  was  a  minor. 

I  am  entitled  to  vote  at  the  coming  General  Election  in  November  and 
will  be  unable  to  appear  before  the  Board  of  Registration  on  the  day  and 

am 
at    the    time    of    the    Session    thereof    in    said    Precinct    by    reason    of 


Thereby  and  by  reason  thereof  I  am  prevented  from  registering  in 
person  at  said  session  of  said  Board. 
Attest :   Signed 

Subscribed  and  sworn  to  before  me,  this day  of 1014. 

Witness  my  hand  and  official  seal, 


My  commission  expires ,  191 

We,  the  undersigned  freeholders  residing  in Precinct, 

Township,   ,    County,    Indiana,    certify   that 

Ward, 

we  are  personally  acquainted  with , 

the  above  named  applicant  for  registration,  and  know  him  to  be  the  person 
he  represents  himself  to  be,  and  that  the  facts  stated  in  the  annexed  ap- 
plication are  true.  I 

Witness  our  hands  this day  of 1914.         ' 


♦If  the  residence  is  situate  outside  of  a  town  or  city,  give  the  name 
of  the  owner,  or  reputed  owner,  of  the  real  estate  on  which  the  applicant 


I 


PRIMARY   ELEgTION    OFFICERS.  55 

resides ;  if  inside  of  a  town  or  city  that  has  street  numbers  give  the  street 
number  and  name  of  street,  also  the  name  of  the  town  or  city;  if  inside 
of  a  town  or  city  that  has  no  street  numbers  give  the  character  of  the 
house,  whether  frame,  brick  or  other  material,  one  or  more  stories,  on  what 
street  or  alley  and  on  which  side  thereof  and  the  nearest  cross  streets 
between  which  it  is  situate  and  the  name  of  the  town  or  city. 

** State  the  reason.  If  you  are  unavoidably  absent  from  the  Countyr 
state  your  whereabouts  on  the  day  of  registration;  or  if  sick,  so  state; 
or  if  quarantined,  so  state. 


ADDITIONAL  REQUIREMENTS. 

A  voter  is  only  required  to  be  registered  once  if  his  reg- 
istration lias  been  made  in  the  precinct  where  he  votes  and 
he  has  not  moved  therefrom ;  and  he  can  register  at  either 
the  September  or  October  session. 

If,  after  having  registered  in  one  precinct  in  September, 
he  removes  therefrom,  it  will  be  necessary  for  him  to  regis- 
ter again  in  the  precinct  to  which  he  has  removed  at  the 
October  session.  The  mere  removing  from  one  place  to 
another  in  the  same  precinct  does  not  necessitate  a  new 
registration.      (Sec.  48.) 

At  the  October  session  persons  applying  shall  state  in 
their  application,  in  addition  to  the  general  information  re- 
quired, the  county,  township  and  precinct  where  they  re- 
sided at  the  September  session  of  the  Board,  particularly 
describing  the  place  so  that  it  can  be  definitely  determined 
where  such  resident  was ;  and  if  registered  at  the  September 
session  they  shall  present  with  their  application  a  copy  of 
the  record  of  such  registration,  duly  certified  under  the  hand 
and  seal  of  the  Auditor  of  the  county  where  they  were  so 
registered,  and  such  application  shall  show  the  place  where 
they  have  resided  from  the  September  session  of  said  Board 
up  to  the  October  session  thereof.    (Sec.  48.) 


56  INSTKUCTIONS    TO 

FORM  OF  AUDITOR'S  CERTIFICATE. 

The  following  may  serve  as  a  form  for  the  Auditor's 
certificate : 

Ceetificate  of  Eegistkation. 

I  Hereby  Certify,  That  the  Record  of  Registration  of  Voters  for  the 

Precinct,    Township, 

Ward, 

County,  State  of  Indiana,  for  the  September  Session  of 

the  Year  1914,  contains  the  following  entries : 

No Name Residence 

years  old  last  birthday.     Where  born 

When  arrived  in  the  United  States, day  of 1 . . . . 

Where  and  when  naturalized day  of 1 . . . . 

Where  and  when  declared  intention  to  become  a  citizen  of  the  United 
States the day  of 191 

Where  resided  since  31st  of  October  last,  from 191 .... 

to 19] ,    at J  from 

191  to 191 at ...from 

191  to 191. ...  at '.from 

191 until  the  present  time  at  the  place  where  I  now  reside. 

Remarks. 


Witness  my  hand  and  official  seal  this day  of 191 . . 

Auditor County. 

DUTIES  OF  THE  BOARD. 

When  a  voter  presents  his  application  the  Inspector 
shall  take  it  and  see  if  it  is  signed  with  his  name.  If  so 
signed,  but  not  attested,  any  member  of  the  Board  may  ask 
him  if  that  is  his  name  and  require  him  to  write  his  name 
on  the  back  of  the  application.  His  name  is  then  written  in 
the  registration  column  of  both  the  registration  books,  in 
its  regular  order,  and  numbered,  and  both  Clerks  must  en- 
dorse their  initials  on  the  back  of  the  application,  and  it  is 
numbered  to  correspond  with  the  number  of  the  registry. 
The  Board  thereupon  tells  the  voter  the  number  of  his  name 
and  he  shall  retire.    (Sec.  35.) 

At  the  October  sessions  the  Clerks  should  write  in  the 
registration  book  in  the  column  headed  ^'Eemarks''  the 
place  of  residence  of  the  voter  at  and  since  the  September 
session  as  shown  in  his  application.    (Sec.  48.) 


I 


PKIMARY    ELECTION    OFFICERS.  57 

During  the  day  when  not  busy  in  receiving  applications, 
and  at  the  close  of  the  session,  the  Clerks  shall  complete  the 
registration  books,  by  inserting  in  the  columns  thereof  the 
data  to  be  derived  from  the  respective  applications  and  im- 
mediately below  the  last  name  registered  they  shall  place  a 
certificate,  to  be  signed  by  all  the  members  of  the  Board  in 
the  following  form  (Sec.  36) : 

*^The  above  is  a  correct  registration  of  all  appli- 
cations received  by  the  Board  of  Eegistration  for 

Precinct,    Township,  in 

County,  at  its  September  or  October  session  (as  the 

case  may  be)  and  on  the day  of 

,  19...^' 

POWERS  OF  THE  BOARD. 

Each  member  of  the  Board  of  Eegistration  while  in 
session  shall  be  a  conservator  of  the  peace,  and  shall  have 
the  right  to  arrest  any  person  creating  a  disturbance  in  or 
around  the  room,  or  interfering  with  the  work  of  the  Board 
of  the  registration  of  voters,  or  any  one  violating  the  law 
of  the  State  in  the  presence  or  hearing  of  the  Board. 
(Sec.  41.) 

COUNTY  AUDITOR  CUSTODIAN  OF  REGISTRATION 
BOOKS  AND  PAPERS. 

It  is  the  duty  of  the  County  Auditor  to  keep  securely  in 
his  office  the  registration  books  and  papers,  and  shall  not 
permit  them  to  be  taken  away,  except  when  the  same  is 
required  for  use  on  election  day  or  at  the  session  of  the 
registration  board.  One  of  the  registration  books  shall  be 
open  to  the  public  and  may  be  copied  from  as  any  other 
public  record.    (Sec.  37.) 

REGISTRATION  BOOKS  AND  PAPERS  AT  ELECTION 

POLLS. 

The  Auditor  must  deliver  to  the  Inspector  the  two  regis- 
tration books,  applications  and  affidavits  returned  to  him 
by  the  registration  board  at  the  time  he  delivers  the  elec- 
tion supplies  for  the  November  election.     The  Inspector 


58  INSTRUCTIONS    TO 

must  take  them  to  precinct  polls  on  the  day  of  election,  and 
within  three  days  after  the  election  the  Inspector  must  re- 
turn them  to  the  Auditor's  office.    (Sec.  45.)  , 

OFFENSES. 

It  is  made  unlawful  by  the  registration  law  for  any  one 
to  write  the  name  of  an  applicant  to  an  application  unless 
he  is  personally  acquainted  with  such  applicant ;  or  to  sign 
the  name  of  a  person  to  an  application  for  registration  if 
he  knows  the  application  contains  a  false  statement ;  or  for 
any  one  to  sign  the  name  of  another  person  to  an  applica- 
tion for  registration  without  writing  his  own  name  thereon 
as  an  attesting  witness ;  or  for  any  one  not  a  voter  and  who 
knows  he  will  not  be  a  voter  at  the  next  ensuing  general 
election  to  register,  or  apply  for  registration,  as  a  voter ;  or 
for  any  person  to  make  any  false  statement  in  his  applica- 
tion for  the  purpose  of  securing  registration ;  or  to  present 
any  application  containing  any  false  statement;  or  for  any 
member  of  the  Board  to  register,  or  cause  to  be  registered, 
the  name  of  any  person,  unless  such  person  has  presented  in 
his  own  proper  person,  to  such  Board  while  in  session,  an 
application  duly  signed ;  or  for  any  member  of  the  Board,  or 
any  public  officer,  upon  whom  any  duty  is  imposed  by  this 
act,  to  wilfully  neglect  to  perform  such  duties,  or  do  any  act 
prohibited  herein.    (Sees.  42-43  and  44.) 

CHALLENGES. 

The  law  makes  no  provision  for  challenging  an  appli- 
cant for  registration.  If  his  registration  is  illegal  he  can 
be  promptly  arrested  and  prosecuted. 

At  the  election  a  voter  may  be  challenged,  in  addition  to 
the  existing  causes  for  challenge,  on  the  ground  that  he  is 
not  registered  in  the  precinct  where  he  offers  his  vote. 
Even  in  the  absence  of  such  challenge  the  election  officers 
are  required  by  law  to  ascertain  if  the  voter  is  registered, 
and  if  he  is  not  registered  to  refuse  his  vote,    (Sec.  46.) 


1 


PRIMARY   ELECTION    OFFICERS.  59 

WATCHERS. 

During  the  entire  session  of  the  Registration  Board, 
both  while  it  is  receiving  applications  and  while  it  is  com- 
pleting its  books,  it  shall  permit  to  be  in  the  room  one  per- 
son as  watcher  from  each  political  party  in  the  county,  if^ 
such  person  has  written  authority  from  the  County  Chair- 
man of  such  party.  Other  than  such  watchers  and  mem- 
bers of  the  Board  there  shall  not  be  permitted  more  than 
three  applicants  in  the  room  at  any  one  time.     (Sec.  40.) 

CITY  REGISTRATION. 

In  all  cities  of  the  first  and  second  class,  a  registration 
of  voters  is  required  before  each  regular  city  election  un- 
der the  provisions  of  this  act,  except  that  the  City  Clerk 
appoints  the  inspector  of  registration,  and  performs  all 
the  duties  that  the  County  Auditor  is  required  to  perform 
under  the  registration  act.  The  City  Council  performs  all 
the  acts  that  Boards  of  Commissioners  are  required  to  per- 
form except  appoint  the  inspectors  of  registration.  The 
Chairmen  of  the  City  Committees  perform  the  duties  that 
are  performed  by  the  Chairmen  of  the  County  Committees. 
The  City  officers  in  the  performance  of  their  duties  are 
subject  to  the  same  penalties  and  provisions  that  the  County 
officers  are.    (Sec.  47.) 


INTERPRETATION  OF  THE  STATE  CORRUPT 
PRACTICES  ACT. 


SCOPE  OF  ACT. 

The  law  applies : 

First.  To  the  election  of  all  officers  for  whom  ballots 
are  cast  at  an  election  provided  by  law. 

Second.  To  the  election  of  all  officers  to  be  voted  for  by 
the  Indiana  General  Assembly. 

Third.  To  the  election  of  all  officers  by  common  coun- 
cils of  cities  or  the  boards  of  trustees  of  incorporated  towns. 

Fourth.     To  the  election  of  County  Superintendents. 

Fifth.  To  all  caucuses  and  primary  elections  prelim- 
inary to  any  such  other  elections. 

Sixth.  To  all  candidates  to  be  voted  for  at  such  elec- 
tions, caucuses  and  primary  elections.     (Sec.  216.) 

Meaning  of  Term  ''Caucus  and  Primary  Election." 

The  term  ' '  caucus  and  primary  election ' '  includes  : 

First.  All  meetings  and  elections  held  to  nominate  a 
candidate  for  office  or  to  elect  delegates  to  a  nominating 
convention. 

Second.     Nominating  conventions  of  such  delegates. 

Third.     Caucuses  of  members  of  the  General  Assembly. 

Fourth.     Caucuses  of  the  Common  Council  of  any  City. 

Fifth.  Caucuses  of  the  Board  of  Trustees  of  any  in- 
corporated town.     ( Sec.  216. ) 


( ( 


Political  Committee"  Defined. 


The  term  ^^ Political  Committee"  includes  every  com- 
mittee or  combination  of  two  or  more  persons  to  aid  or 
promote  the  success  or  defeat  of  any  political  party  or 
principle  in  any  election^  or  of  any  proposition  submitted 
to  a  vote  at  a  public  election,  or  to  aid  or  take  part  in  the 
nomination  or  election  of  any  candidate  for  public  office. 
(Sec.  217.) 

(60) 


I 
I 


SCOPE   OF   ACT:  61 

*  *  Treasurer '  *  Defined. 

The  term  **  treasurer ''  includes  all  persons  appointed 
by  any  political  committee  to  collect,  keep,  receive  or  dis- 
burse moneys  or  any  other  thing  of  value  to  aid  or  promote 
the  success  or  defeat  of  any  such  party,  principle  or  can- 
didate.    (Sec.  217.) 

^Tolitical  Agent"  Defined. 

The  term  ''political  agent"  includes  all  persons  ap- 
pointed by  any  candidate  before  any  election  or  primary 
election  to  assist  him  in  his  candidacy,  or  to  collect,  keep, 
receive  or  disburse  moneys  or  any  other  thing  of  value  to 
aid  or  promote  the  success  of  such  candidate.     (Sec.  217.) 

Appointment  of  ''Political  Agent"  or  "Treasurer"  Must 
Be  in  Writing  Where  Filed. 

•  No  person  shall  act  as  any  such  treasurer  or  political 
agent  until  he  has  been  appointed  in  writing,  which  written 
appointment  shall  be  signed  by  the  chairman  of  the  political 
committee  or  candidate  appointing  such  treasurer  or  polit- 
ical agent  and  until  such  written  appointment  has  been 
filed  with  the  clerk  of  the  Circuit  Court  of  the  county  within 
which  such  treasurer  or  political  agont  resides  except  in  the 
case  of  the  treasurer  of  the  State  Central  Committee  of  any 
party,  when  such  written  appointment  shall  be  filed  in  the 
office  of  the  secretary  of  state,  and  until  such  treasurer  has 
given  bond  as  required  by  Section  3  of  the  Corrupt  Prac- 
tices Act.  Every  such  appointment  shall  designate  the  par- 
ticular period,  election  or  primary  election  within  which 
such  treasurership  or  political  agency  shall  continue. 
(Sec.  217.) 

Form  of  Appointment  of  Political  Agent. 

The  undersigned  candidate  for  the  office  of 

(or  for  the  nomination  to  the  office  of ) . 

on  the ticket,  hereby  appoints  John 

Brown  as  a  political  agent  to  aid  in  promoting  my  candi- 
dacy at  the  general  election  to  be  held  on  the  first  Tuesday 
after  the  first  Monday  in  November,  1914,  (or  the  primary 

election  to  be  held  on  the \ 

this  appointment  to  continue  for  the  period  beginning  on 


G2  GENERAL  LAWS. 

the day  of .  .19.  .  .,  and  ending  on 

the day  of 19 

Dated 

Candidata  for  the  office  of 

(Sec.  217.)  

Form  of  Appointment  of  Treasurer. 

The  undersigned,  Chairman  of  the  State  Central  Com- 
mittee of  the party  (or  Chairman  of 

the  County  Central  Committee  of 

County  of  the party,  or  chair- 
man of  the  City  Central  Committee  of 

of  the party)  hereby  appoint 

John  Smith  as  treasurer  for  said  committee  for  the  election 
to  be  held  on  the  first  Tuesday  after  the  first  Monday  of 
November,  19. . . .,  (or  for  the  primary  election  to  be  held 

on ,)  this  appointment 

to  continue  for  the  period  beginning  on  the^. day 

of ,  19 .... ,  and  ending  on 

the day  of ,19 


Dated, 


(Sec.  217.) 


Chairman  of  the  (STATE,  COUN- 
TY OR  CITY)  Central  Committee 

of  the 

Party. 


Duty  to  Appoint  Treasurer. 

Every  political  committee  shall  appoint  and  constantly 
maintain  a  treasurer  to  collect,  receive,  keep  and  disburse 
all  sums  of  money  or  other  valuable  things  which  may  be 
collected,  received  or  disbursed  by  such  committee  or  any 
of  its  members  for  any  purposes  mentioned  in  the  Scope 
of  the  Corrupt  Practices  act  (Sec.  1)  or  for  which  such 
committee  exists  or  acts,  and  unless  such  treasurer  is  first 
so  appointed  and  maintained  it  shall  be  unlawful  and  a  vio- 
lation of  the  Corrupt  Practices  act  for  a  political  committee 
or  any  of  its  members  to  collect,  receive,  keep  or  disburse 
money  or  other  valuable  things  for  any  such  purposes. 
(Sec.  218.) 


SCOPE    OF    ACT. 


63 


Bond  of  Treasurer— Where  Filed. 

The  treasurer  appointed  by  a  central  committee  under 
the  Corrupt  Practices  act  before  proceeding  to  act  as  such 
treasurer  shall  execute  a  bond  payable  to  the  State  of  In- 
diana in  such  penalty  as  the  appointing  committee  shall  prcj^ 
scribe,  except  that  in  no  event  shall  the  minimum  penalty 
of  such  bond  be  less  than  $500.00,  and  with  surety  or  sure- 
ties to  the  approval  of  such  committee,  which  bond  shall  be 
conditioned  for  the  faithful  performance  by  such  treasurer 
of  the  duties  of  his  office  without  loss  or  detriment  to  any 
person  interested  in  the  performance  of  such  duties  and 
the  payment  by  such  treasurer  of  all  sums  of  money  in  his 
hands  to  his  successor,  upon  which  bond  an  action  may  be 
maintained  in  the  name  of  the  State  of  Indiana  for  the 
use  of  any  persons  interested  in  the  faithful  performance 
of  his  duties  and  injured  by  a  breach  of  the  condition.  Said 
bond  shall  be  filed  in  the  office  of  the  clerk  of  the  Circuit 
Court  except  the  bond  of  the  treasurer  of  the  State  Central 
Committee  which  shall  be  filed  in  the  office  of  the  Secretarv 
of  State.     (Sec.  218.) 

Sub-Treasurers — Bond  Not  Required — Appointment  Must 
Be  in  Writing — Treasurer  Liable  On  Bond  For  Sub- 
Treasurer's  Acts. 

A  treasurer  may  appoint  one  sub-treasurer  for  each  vot- 
ing precinct  which  sub-treasurer  is  authorized  to  collect 
money  for  the  treasurer  by  whom  he  is  appointed  and  to 
turn  said  money  over  to  such  treasurer  without  diminution. 
Or  he  may  be  authorized  to  expend  such  money  as  may  be 
placed  in  his  hands  by  the  treasurer  appointing  him.  The 
sub-treasurer  may  be  authorized  both  to  collect  and  expend 
money.  A  sub-treasurer  shall  not  be  required  to  give  bond, 
but  shall,  before  serving  as  such,  receive  from  the  treasurer 
an  appointment  in  writing  stating  for  what  purpose  such 
sub-treasurer  is  appointed,  the  name  of  such  sub-treasurer, 
the  territory  in  which  he  shall  act  and  the  time  for  which  he 
is  appointed.  Every  treasurer  appointing  a  sub-treasurer 
shall  be  liable  on  his  official  bond  for  any  dereliction  in  duty 
or  misappropriation  or  unauthorized  expenditure  of  funds 
by  any  sub-treasurer  so  appointed  by  him.     (Sec.  218.) 


64  GENERAL   LAWS. 

Qualifications  of  Political  Agents  and  Treasurers — Removal 
^Successors — Reports. 

1.  No  person  shall  be  appointed  or  act  as  ** treasurer'' 
or  ^ Apolitical  agent''  in  any  election  or  primary  election  who 
is  not  a  citizen  and  resident  of  the  State  of  Indiana. 

2.  No  person  shall  be  appointed  or  act  as  any  such 
A  treasurer"  or  'Apolitical  agent"  who  is  the  chairman  of 
any  political  committee. 

3.  A  A  A  treasurer  "  or  * '  political  agent ' '  is  not  prohibited 
from  being  the  treasurer  of  another  political  committee  or 
the  political  agent  of  any  other  candidate. 

4.  Any  political  committee  shall  have  the  power  and 
right  to  remove,  without  assigning  any  cause  therefor,  any 
person  appointed  by  such  committee  as  treasurer  and  to 
appoint  the  successor  of  such  removed  treasurer. 

5.  A  treasurer  who  has  been  removed  shall  immedi- 
ately account  for  and  turn  over  to  his  successor  in  office  the 
moneys  then  in  his  possession  as  such  treasurer  and  within 
twenty  days  after  such  removal  file  a  full,  true  and  detailed 
account  and  statement  of  his  receipts  and  expenditures  with 
the  clerk  of  the  Circuit  Court  in  the  County  in  which 
he  resides  in  accordance  with  the  provisions  of  Sec.  7  of  the 
Corrupt  Practices  Act. 

6.  Any  candidate  shall  have  the  power  and  right  to 
remove,  without  assigning  any  cause  therefor,  any  person 
appointed  by  him  as  political  agent  and  to  appoint  the  suc- 
cessor of  such  removed  political  agent. 

7.  Upon  such  removal  said  political  agent  shall  imme- 
diately account  for  and  turn  over  to  the  candidate  appoint- 
ing him  the  moneys  then  in  his  possession  as  such  political 
agent  and  shall  within  twenty  days  after  such  removal  file 
a  full,  true  and  detailed  account  and  statement  of  his  re- 
ceipts and  expenditures  with  the  clerk  of  the  Circuit  Court 
in  the  County  in  which  he  resides  in  accordance  with  the 
provisions  of  Sec.  7  of  the  Corrupt  Practices  Act.  (Sec. 
218.) 

Candidate  Need  Not  Appoint  Political  Agent. 

Any  candidate  may,  without  appointing  a  political  agent, 
make  such  disbursements  as  political  agents  may  make 
under  the  provisions  of  the  Corrupt  Practices  Act.     He  is 


SCOPE    OF    ACT.  65 

not  required  to  file  a  written  appointment,  give  bond,  make 
a  report  as  political  agent,  but  shall  include  in  the  statement 
required  to  be  filed  by  him  as  a  candidate  under  the  provi- 
sions of  the  Corrupt  Practices  act,  a  full,  true  and  detailed 
account  and  statement  of  the  matters  and  facts  required  to 
be  reported  by  political  agents  under  the  provisions  of 
this  act.     (Sec.  218.) 

All  Moneys  Received  or  Disbursed  By  a  Political  Committee 
Must  Pass  Through  the  Hands  of  the  Treasurer. 

All  moneys  or  other  valuable  things  collected,  received 
or  disbursed  by  any  political  committee  or  by  any  member 
thereof  for  any  political  purpose  shall  be  paid  over  to  and 
made  to  pass  through  the  hands  of  the  treasurer  of  such 
committee  and  shall  be  disbursed  by  him  and  not  otherwise : 
Provided,  however,  That  such  disbursement  may  be  made 
by  a  voucher  drawn  by  the  chairman  of  such  political  com- 
mittee on  the  treasurer  and  presented  to  such  treasurer 
for  payment,  which  voucher  shall  show  the  specific  purpose 
for  which  said  money  is  being  expended,  and  it  shall  be  un- 
lawful and  a  violation  of  the  Corrupt  Practices  Act  for  any 
political  committee  or  for  any  member  or  members  thereof 
to  disburse  or  expend  money  or  any  other  valuable  thing 
for  any  political  purpose  until  the  money  or  other  valuable 
thing  so  disbursed  shall  have  passed  through  the  hands  of 
the  treasurer  of  said  committee  and  any  person  other  than 
a  member  of  such  political  committee  or  other  than  the  po- 
litical agent  hereinbefore  defined,  who  shall  engage  in  re- 
ceiving or  disbursing  money  for  any  political  purpose  shall 
be  deemed  a  treasurer  of  a  political  committee  within  the 
meaning  of  the  Corrupt  Practices  Act  and  shall  be  subject 
to  all  the  requirements,  obligations  and  penalties  hereby 
provided  for  in  the  case  of  such  treasurer.  (The  treasurer 
may  appoint  sub-treasurers  as  stated  above).     (Sec.  218.) 

Reports  of  Sub-Treasurers. 

It  shall  be  the  duty  of  every  sub-treasurer  within  twen- 
ty days  after  every  election  or  primary  election  to  make  a 
report  in  writing  under  oath  to  a  clerk  of  the  Circuit  Court 
of  tke  county  in  which  such  sub-treasurer  resides,  stating 
in  detail  the  amount  of  money  collected  by  him  and  from 

5—1770 


66  GENERAL   LAWS. 

whom  and  when  collected,  or  the  amount  of  money  placed 
in  his  hands  by  said  treasurer  and  for  what  purpose  the 
said  money  was  expended  by  him  and  to  whom  paid,  or  both 
if  such  sub-treasurer  has  both  collected  and  disbursed 
money  or  other  things  of  value,  and  each  sub-treas- 
urer shall  file  vouchers  for  all  money  expended  by  him, 
which  vouchers  shall  state  the  purpose  for  which  said  sums 
are  expended;  but  in  no  event  shall  a  sub-treasurer  who 
is  appointed  to  collect  money,  expend  or  disburse  any  money 
so  collected  by  him,  but  he  shall  in  every  case  deliver  the 
same  and  every  part  thereof  without  diminution  to  the 
treasurer  appointing  him  and  any  money  which  said  sub- 
treasurer  expends  must  be  money  placed  in  his  hands  by  the 
treasurer  appointing  him.     (Sec.  218.) 

Members  of  a  Political  Committee  Having  a  Treasurer  May 
Solicit  Contributions. 

Any  member  of  a  political  committee  which  has  ap- 
pointed and  maintains  a  treasurer  in  accordance  with  the 
provisions  of  the  Corrupt  Practices  Act  may  solicit  or  re- 
ceive contributions  for  political  purposes  provided  that  the 
same  are  immediately  turned  over  without  diminution  to 
such  treasurer  of  said  committee  and  by  such  treasurer  dis- 
bursed and  accounted  for  as  provided  by  the  Corrupt  Prac- 
tices Act,  and  when  money  is  so  received  the  treasurer  in  his 
account  and  statement  in  addition  to  the  requirements  of 
Section  7  of  said  act,  shall  show  through  what  member  of 
such  committee  said  sum  or  sums  were  received.  (Sec. 
218.) 

Candidates  or  Persons  Desiring  to  Become  Candidates  Must 
Not  Be  Solicited  For  Contributions,  Payments  or 
Favors. 

It  shall  be  unlawful  for  any  political  committee  or  officer 
thereof  to  solicit  any  contribution,  payment  or  favor  from 
any  candidate  for  any  office  or  from  any  person  desiring  to 
become  a  candidate:  Provided,  however,  That  any  such 
political  committee  may  assess  against  and  collect  from  the 
candidate  before  any  primary  election,  convention  or  mass 
convention  not  held  pursuant  to  the  laws  of  this  state,  the 
necessary  costs  and  expenses  of  holding  such  primary,  con- 
vention or  mass  convention.     (Sec.  219.) 


SCOPE    OF    ACT.  67 

Contributions,  Donations,  Advertising,  Money  or  Things  of 
Value  Must  Not  Be  Solicited  From  Political  Com- 
mittees or  Candidates. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  solicit  from  any  political  committee  or  member  thereof 
or  any  treasurer,  subtreasurer,  or  political  agent  or  candi^ 
date  any  contribution  or  donation,  or  to  solicit  advertising 
or  money  or  things  of  value  for  advertising  purposes  from 
nny  such  political  committee  or  member  thereof,  treasurer, 
subtreasurer,  political  agent  or  candidate.     (Sec.  219.) 

Candidates  May  Make  Voluntary  Pa3nments  to  a  Treasurer 
or  Political  Agent. 

Any  person  nominated  as  a  candidate  for  public  office 
or  a  candidate  for  such  nomination,  except  as  hereinafter 
provided,  may  make  a  voluntary  payment  of  money  to  any 
treasurer  or  political  agent,  for  any  of  the  purposes  per- 
mitted by  this  act:  Provided,  however,  That  no  person, 
other  than  such  candidate  shall  to  aid  or  promote  the  suc- 
cess or  defeat  of  any  political  party  or  principle  or  of  any 
candidate  for  public  office,  or  of  any  candidate  for  nomina- 
tion as  such,  within  six  months  prior  to  any  such  election 
make  a  contribution  of  money  or  property  or  incur  any 
liability  or  promise  any  valuable  thing  to  any  person  other 
than  to  a  treasurer,  subtreasurer  or  political  agent.  (Sec. 
219.) 

Private  Corporations  Shall  Not  Make  or  Be  Solicited  For 
Contributions. 

No  contributions,  payments  or  favors  of  any  kind  shall 
be  made,  extended  by  or  solicited  from  any  private  corpora- 
tion to  promote  the  success  or  defeat  of  any  candidate  for 
public  office  or  of  any  political  party  or  principle  or  for  any 
other  political  purpose  whatever.     (Sec.  219.) 

Legal  Expenses  to  Contest  Elections  Not  Unlawful. 

Nothing  contained  in  the  Corrupt  Practices  Act  limits 
or  affects  the  right  of  any  person  to  expend  money  for 
proper  legal  expenses  in  maintaining  or  contesting  the  re- 
sult of  any  election.     (Sec.  219.) 


CS  OENERAI.    LAWS. 

Contributions  From  Political  Committees 

The  right  of  a  political  committee  to  receive  contribu- 
tions from  other  political  committees  for  purposes  author- 
ized, is  not  limiterl  by  the  Corrupt  Practices  Act.  (Sec. 
219.) 

Contributions  to  National  Committees. 

National  committees  may  solicit  or  receive  contributions 
through  treasurers  or  agents  appointed  by  them.  Sucli 
agents  or  treasurers  are  not  required  to  give  bond  but  must 
file  their  written  appointment  with  the  Secretary  of  State. 
They  can  not  solicit  or  receive  funds  from  sources  pro 
hibited  to  a  political  committee  within  the  state.  Sucli 
treasurers  or  political  agents  must  be  residents  and  citizens 
of  the  State  of  Indiana.     (Sec.  219.) 

Reports  by  Treasurers  or  Agents  of  National  Committees. 

Within  20  days  after  an  election  such  treasurer  or  agent 
must  file  a  sworn  statement  with  the  Secretary  of  State 
giving  a  detailed  statement  of  all  sums  of  money  received 
by  or  promised  to  him  and  the  date  of  each  of  such  promises 
or  contributions.  He  shall  not  expend  any  money  except 
the  actual  expenses  of  collecting  said  money.  If  any  of 
the  funds  collected  by  him  be  disbursed  in  the  state  it  must 
be  by  the  local  committees  and  accounted  for  the  same  as 
other  contributions.     (Sec.  219.) 

Expenses  of  Elections  Caucuses  and  Primary  Elections  Must 
Be  Paid  by  a  Treasurer  or  Political  Agent — Excep- 
tion. 

No  person  other  than  a  treasurer  or  political  agent  shall 
pay  any  of  the  expenses  of  any  election,  caucus  or  primary 
election,  except  that  a  candidate  may  pay  his  own  expenses 
for  postage,  telegrams,  telephoning,  stationery,  letters,  cir- 
cular letters,  printing,  expressage  and  traveling;  but  this 
provision  shall  not  apply  to  non-partisan  election  and  ante- 
election  expenses  paid  out  of  the  public  moneys  of  the  state, 
or  of  any  town,  city,  county  or  other  municipality.  (See. 
220.) 


SCOPE    Ot    AOt.  Oy 

The  Payments,  Expenditures,  Promises  ana  Liabilities  a 
Candidate  May  Make  or  Incur. 

The  payments,  expenditures,  promises  and  liabihties, 
which  any  candidate  for  nomination  or  election,  or  both 
may  make  or  incur  directly  or  indirectly  under  Section  4 
and  5  of  the  Corrupt  Practices  Act,  shall  not  exceed  in  the 
whole  twenty-five  dollars  for  each  thousand  (or  the  major 
portion  thereof)  up  to  fifty  thousand,  ten  dollars  for  each 
thousand  (or  the  major  portion  thereof)  in  excess  of  fifty 
thousand  and  up  to  one  hundred  thousand,  and  five  dollars 
for  each  thousand  (or  the  major  portion  thereof)  in  excess 
of  one  hundred  thousand  of  the  voters  qualified  to  vote  for 
the  office  in  question  at  the  next  preceding  election  therefoi-, 
except  that  such  candidate  may  expend  twenty-five  dollars 
for  said  purposes,  all  to  be  paid,  handled  and  disbursed  by 
a  treasurer  or  political  agent  and  not  otherwise;  and  any 
payment,  contribution,  expenditure  of,  or  promise  or  lia- 
bility to  pay,  contribute  or  expend  any  money,  or  valuable 
thing  in  excess  of  said  sum  shall  be  unlawful:  Provided, 
however,  That  a  candidate  may  pay  personally,  in  addition 
to  said  sum  or  valuable  thing  or  things  amounting  thereto, 
his  own  expenses  for  postage,  letters,  circular  letters,  tele- 
grams, telephoning,  stationery,  printing,  advertising,  pub- 
lishing, expressage,  traveling  and  board  and  the  cost  of  any 
primary,  convention  or  mass  convention,  not  held  pursuant 
to  the  law  of  this  state,  which  may  be  assessed  against  such 
candidate  by  the  political  committee  under  whose  direction 
such  primary,  convention  or  mass  convention  is  held.  ( Sec. 
220.) 

Authorized  Expenditures — All  Others  Prohibited. 

A  treasurer  or  political  agent  is  expressly  authorized  to 
pay  the  following  expenses : 

(a)  The  necessary  cost  of  hiring  halls  and  music  for 
conventions,  public  meetings  and  public  primaries  and  for 
advertising  the  same,  and  decorating  said  halls ; 

(b)  Of  printing  and  circulating  political  articles,  cir- 
culars, circular  letters,  plate  and  electrotype  matter,  can- 
didates '  cards,  pamphlets  and  books,  including  the  payment 
of  subscriptions  to  newspapers  or  periodicals  containing 
political  articles  to  be  circulated  among  voters ; 


70  GENERAL   LAWS. 

(c)  Of  printing  and  distributing  sample  or.  specimen 
ballots  and  instructions  to  voters ; 

(d)  Of  renting  rooms  and  headquarters  to  be  used  by 
political  committees,  agents,  treasurers  or  subtreasurers 
and  of  paying  for  all  clerical  assistance  and  labor  employed 
therein ; 

(e)  Of  compensating  clerks,  stenographers,  typewrit- 
ers, and  other  assistants  employed  in  the  committee  rooms, 
or  on  the  business  of  the  committee  outside  of  said  com- 
mittee rooms,  and  also  of  challengers,  watchers  and  mes- 
sengers employed  in  the  registration  rooms,  in  the  voting 
rooms  and  at  the  polls,  and  the  cost  and  expenses  of  any 
primary,  convention  or  mass  convention  not  held  pursuant 
to  the  laws  of  the  State  of  Indiana. 

(f )  The  traveling  and  other  legitimate  expenses  of  po- 
litical agents,  committees  and  public  speakers,  including 
reasonable  compensation  for  the  chairman  and  secretary  . 
of  the  state,  district,  county  or  city  central  committees,  but 
no  compensation  shall  be  paid  to  public  speakers,  political 
agents,  treasurers,  subtreasurers,  or  members  of  a  political 
committee  other  than  the  chairman  and  secretary  for  their 
services;  providing  that  the  costs  of  treasurers'  bonds  may 
be  paid. 

(g)  Of  making  poll  books,  copies  of  registration  lists 
and  compiling  information  or  data  with  respect  to  the  quali- 
fications of  voters,  or  their  political  affiliations,  or  any  other 
information  of  a  political  character. 

(h)  Of  necessary  postage,  telegrams,  telephoning, 
printing  expenses  and  conveyance  charge  for  carrying  sick 
and  infirm  persons  to  and  from  the  polls  or  to  and  from 
the  places  of  registration ; 

(i)  The  necessary  cost  of  equipping,  furnishing  and 
maintaining  committee  rooms  and  headquarters  and  places 
of  meeting  for  political  committees,  agents  and  treasurers, 
both  during  and  after  political  campaigns,  if  it  shall  be  de- 
sired to  maintain  permanent  headquarters. 

(j)  The  cost  and  expenses  of  messengers  sent  by  the 
direction  of  the  chairman  of  any  state,  district,  county, 
township  or  city  committee  of  any  political  party  in  connec- 
tion with  party  matters  or  interests,  and  also  the  cost  and 
expenses  of  any  person  or  persons  summoned  by  or  at  the 
instance  of  the  chairman  of  the  state  central  committee,  or 


I 


SCOPE    OF    ACT.  71 

of  the  county  central  committee,  or  of  the  district  commit- 
tee, or  of  the  township  committee,  or  of  the  city  central 
committee  of  any  political  party  to  the  committee  head- 
quarters or  offices  in  connection  with  party  matters  or  inter- 
ests, and  also  for  the  accommodation  and  entertainment  of^ 
all  such  persons ; 

(k)  All  expenses  incurred  by  or  under  the  authority 
of  the  chairman  of  the  state,  district,  county,  township  or 
city  central  committee  of  any  political  party  in  providing 
accommodation  or  entertainment  for  members  of  said  re- 
spective committees  or  for  the  transportation  of  such  mem- 
bers, when  assembling  for  any  meeting  of  said  respective 
committees  or  visiting  the  headquarters  of  said  respective 
committees  in  connection  with  party  matters  or  interests. 

(1)  The  cost  and  exj5enses  of  political  parades,  meet- 
ings and  demonstrations,  including  the  equipment  and  com- 
pensation of  a  political  band  or  drum  corps,  but  not  includ- 
ing the  cost  or  expense  of  any  meat,  drink  or  entertainment 
of  any  person  except  as  hereinbefore  specified. 

(m)  The  cost  of  political  buttons,  lithographs,  banners 
and  other  political  advertising  matter. 

No  treasurer  or  political  agent  shall  incur  any  expense 
or  liability  or  make  any  payment  for  any  purpose  not  enum- 
erated above,  and  every  liability  incurred  or  payment  made 
shall  be  made  at  a  rate  which  is  reasonably  and  fairly  com- 
mensurate with  the  service  rendered.     (Sec.  221.) 

Payment  For  Printing  Is  Limited  to  Such  as  May  Be  Made 
by  Authority  and  Properly  Marked. 

It  shall  not  be  lawful  for  any  political  committee,  treas- 
urer or  political  agent  to  expend  any  money  for  the  printing 
or  publication  of  any  political  matters  whatsoever,  which 
shall  not  purport  on  its  face  to  be  printed  or  published  by 
the  authority  of  said  treasurer  or  political  agent,  and  which, 
if  published  in  any  newspaper  or  other  periodical,  shall  not 
be  marked  as  an  advertisement :  Provided,  however.  That 
when  newspapers  or  periodicals  containing  political  articles 
are  subscribed  and  paid  for  by  such  treasurer  or  political 
agent  and  sent  to  voters,  it  shall  not  be  necessary  to  mark 
the  same  or  any  part  thereof  as  an  advertisement  or  to 
stamp  or  place  on  such  newspaper  a  statement  that  they  are 
published  or  circulated  by  the  authority  of  said  treasurer 


72  GENERAL    LAWS. 

or  political  agent,  if  the  only  pajnnent  made  to  said  news 
paper  or  newspapers  is  for  tlie  papers  actually  delivered 
and  at  not  more  than  the  usual  rate  of  subscription.  Noth- 
ing in  the  Corrupt  Practices  Act  shall  be  construed  to  pre- 
vent any  newspaper  from  publishing  any  political  informa- 
tion as  news  although  such  information  is  furnished  by  a 
political  committee  or  some  officer  thereof  either  in  manu- 
script form  or  in  plates  or  electrotypes,  and  in  such  case  it 
shall  not  be  necessary  to  mark  such  publication  as  an  adver^ 
tisement,  provided  such  newspaper  or  the  owner  thereof 
receives  no  compensation  or  reward,  directly  or  indirectly, 
for  such  publication,  and  the  same  is  published  in  good 
faith  as  a  matter  of  news.     (Sec.  221.) 

Books  of  Political  Treasurer  or  Agent. 

It  is  the  duty  of  every  political  treasurer  or  agent  to 
keep  detailed,  full  and  accurate  accounts  in  a  proper  book 
or  books  called  *  *  account  books, ' '  which  are  to  be  provided 
and  preserved  by  him,  of  the  following  items : 

1.  All  money  or  valuable  things  received  by  or  prom- 
ised to  such  treasurer  or  agent. 

2.  All  expenditures,  disbursements  and  promises  of 
payments  or  disbursements  of  money  or  valuable  things 
made  by  any  political  committee  or  by  its  officers  or  agents 
or  any  person  acting  under  its  authority  or  by  such  treas- 
urer or  agent. 

3.  The  sum  or  valuable  things  so  received,  disbursed  or 
promised. 

4.  The  date  when  received. 

5.  The  person  from  whom  received. 

6.  The  person  to  whom  paid  or  promised. 

7.  The  object  and  purpose  for  which  such  sum  or  valu- 
able thing  was  received  or  disbursed  or  promised.  (Sec. 
222.) 

Reports  of  Political  Treasurers  and  Agents. 

Twenty  days  after  every  election  or  primary  election 
every  such  treasurer  and  political  agent  is  required  to  file 
a  full,  true  and  detailed  account  and  statement  subscribed 
and  sworn  to  by  him  before  an  officer  authorized  to  ad- 
minister oaths,  which  report  shall  be  filed  in  the  office  of 


I 


SOOFB   OJr   AOT.  78 

the  Clerk  of  the  Circuit  Court  of  the  county  wherein  such 
treasurer  or  political  agent  resides. 
This  statement  shall  include : 

1.  The  amount  of  money  or  property  in  each  case  re- 
ceived or  promised. 

2.  The  name  of  the  person  from  whom  it  was  received 
or  by  whom  it  was  promised. 

3.  The  amount  of  every  expenditure  made  or  promised. 
This  evidently  means  an  itemized  statement  of  each  and 
every  sum  spent  and  also  the  amount  of  every  valuable 
thing  given  or  promised  or  liability  of  every  sort  incurred. 

4.  The  name  of  the  person  to  whom  such  expenditure, 
gift,  or  promise  was  made  or  to  whom  such  liability  was 
incurred. 

5.  The  purpose  for  which  the  money  was  expended  or 
property  or  thing  of  value  given  or  promised  or  liability 
incurred,  separately  indicating  the  expenditures,  gifts  and 
liabilities  for  election  and  primary  elections. 

6.  A  detailed  statement  of  all  unpaid  debts  and  obli- 
gations with  the  nature  and  amount  of  each,  for  what  pur- 
pose incurred  and  to  whom  owing. 

7.  If  there  are  no  unpaid  debts  or  obligations,  the  re- 
port shall  contain  a  statement  of  such  fact. 

8.  In  case  of  political  treasurers  the  report  shall  be 
ticcompanied  by  a  statement  of  expenditures  from  any  sub- 
treasurer  properly  sworn  to  by  such  sub-treasurer.  (Sec. 
222.) 

Sworn  Statements  of  Expenses  Must  Be  Filed  by  All  Candi- 
dates for  Office  (Including  U.  S.  Senators)  with  the 
Clerk  of  the  Circuit  Court  Within  Thirty  Days  After 
an  Election  or  Primary. 

Every  candidate  for  public  office,  including  candidates 
for  the  office  of  senator  of  the  United  States  within  thirty 
days  after  the  election  or  primary  election  held  to  nominate 
for  or  fill  such  office  or  place  shall  make  out  and  file  with 
the  clerk  of  the  circuit  court  for  the  county  in  which  such 
candidate  resides,  a  full,  true  and  itemized  statement  in 
writing,  which  statement  shall  be  subscribed  and  sworn  to 
by  such  candidates,  before  an  officer  authorized  to  adminis- 
ter oaths  setting  forth  in  detail  all  moneys  or  other  valuable 


74  GENERAL   LAWS. 

things  contributed,  expended  or  promised  by  him  to  aid  or 
promote  his  candidacy,  or  in  any  way  in  connection  with 
his  nomination  or  election,  or  both  as  the  case  may  be,  or  for 
other  political  purposes  in  connection  with  the  election  of 
any  other  person  at  said  election,  and  all  existing  unfulfilled 
promises  or  liabilities  in  that  connection  remaining  uncan- 
celled and  in  force  at  the  time  such  statement  is  made, 
whether  such  expenditures,  promises  or  liabilities  were 
made  or  incurred  before,  during  or  after  such  election, 
and  showing  the  dates  when,  the  person  to  whom,  and  the 
purpose  for  which  each  and  all  of  said  sums  or  valuable 
things  were  paid,  expended  or  promised  or  said  liabilities 
incurred.  Such  statement  shall  also  set  forth  that  the  same 
is  full,  true  and  correct.     (Sec.  223.) 

Failure  to  File  Sworn  Statement  Renders  a  Candidate 
Ineligible  and  Guilty  of  a  Misdemeanor. 

No  person  shall  be  deemed  elected  to  any  elective  office, 
under  the  laws  of  this  state,  or  enter  upon  the  duties  thereof, 
or  receive  any  salary  or  emoluments  therefrom,  until  he 
shall  have  filed  the  statement  provided  for  in  section  eight 
of  the  Corrupt  Practices  Act;  and  no  officer  authorized  by 
the  laws  of  this  state  to  issue  commissions  or  certificates 
of  election  shall  issue  a  commission  or  certificate  of  election 
to  any  person  claiming  to  be  elected  to  any  office,  until  sucli 
statement  as  aforesaid  shall  have  been  so  made,  verified 
and  filed  by  such  person  with  such  clerk.  Upon  the  filing 
of  such  statement,  the  clerk  shall  issue  to  the  candidate  a 
certificate  showing  the  filing  of  such  statement,  and  the  date 
of  such  filing,  which  certificate  shall  be  presented  by  the 
candidate  to  the  officer  authorized  to  issue  his  commission 
and  such  certificate  shall  be  the  only  evidence  of  the  filing 
of  such  statement  which  may  be  required  by  the  officer  auth- 
orized to  issue  such  commission.  Any  person  violating  or 
failing  to  comply  with  any  of  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  three  hundred  dollars 
nor  more  than  two  thousand  dollars,  or  imprisoned  for  not 
more  than  one  year,  or  both  fined  and  imprisoned  in  the  dis- 
cretion of  the  court  or  jury  trying  said  cause.     (Sec.  223.) 


SCOPE    OF    A.CT.  75 

At  the  Expiration  of  Ten  Days  the  Prosecuting  Attorney 
Must  Be  Notified  of  Failure  of  Candidate  to  File 
Statement. 

Ten  days  after  the  period  fixed  for  the  filing  of  said 
original  statement  shall  have  expired,  the  Clerk  of  the  Cir- 
cuit Court  with  whom  the  same  is  required  to  be  filed,  shall 
notify  the  proper  prosecuting  officer  of  any  failure  to  file 
such  statement  on  the  part  of  any  candidate,  and  within 
fifteen  days  thereafter  such  prosecuting  officer  shall  proceed 
to  prosecute  for  such  offense.     (Sec.  223.) 

False  Statement  Constitutes  Perjury. 

Any  wilfully  false  statement  or  entry  made  by  any  can- 
didate, treasurer,  political  agent,  member  or  officer  of  a  po- 
litical committee  in  any  statement  or  account  under  oath, 
required  by  law,  constitutes  the  crime  of  perjury.  (Sec. 
224.) 

Public  Records. 

Every  officer  with  whom  a  statement  of  account  or  dupli- 
cate thereof  are  required  to  be  filed  by  the  Corrupt  Prac- 
tices Act,  is  required  to  file  and  preserve  such  records  for  at 
least  three  years  after  they  are  filed,  and  such  records  shall, 
during  the  hours  for  which  they  are  filed  is  open,  be  subject 
and  open  to  the  inspection  of  any  citizen  of  Indiana.  (Sec. 
225.) 

Corrupt  Practices. 

The  following  persons  shall  be  guilty  of  corrupt  prac- 
tices and  shall  be  punished  in  accordance  with  the  provi- 
sions of  the  Corrupt  Practices  Act : 

(a)  Every  person  who  shall,  directly  or  indirectly,  by 
himself  or  another,  give,  or  offer  or  promise  to  any  person 
any  money,  gift,  advantage,  preferment,  entertainment,  aid, 
emoluments,  or  any  valuable  thing  whatever,  for  the  pur- 
pose of  inducing  or  procuring  any  person  to  vote,  or  refrain 
from  voting,  for  or  against  any  person,  or  for  or  against 
any  measure  or  proposition  at  any  election  or  primary  elec- 
tion, political  convention  or  session  of  the  general  assem- 
bly of  the  State  of  Indiana  or  either  house  thereof.  (Sec. 
226.) 


7(5  QBNBRAL    LAWf; 

(b)  Every  person  who  shall,  directly  or  indirectly  re- 
ceive, accept,  request  or  solicit  from  any  person,  candidate, 
committee,  association,  organization,  or  corporation,  any 
money,  gift,  advantage,  preferment,  aid,  emolument,  or  any 
valuable  thing  whatsoever,  for  the  purpose  of  inducing  or 
procuring  any  person  to  vote,  or  refrain  from  voting,  for 
or  against  any  person,  or  for  or  against  any  measure  or 
proposition  at  any  election  or  primary  election  or  political 
convention.     (Sec.  226.) 

(c)  Every  person  who,  in  consideration  of  any  money, 
gift,  advantage,  preferment,  aid,  emolument,  or  any  valuable 
thing  whatsoever,  paid,  received,  accepted,  or  promised  to 
the  advantage  of  himself  or  any  other  person,  shall  vote, 
or  refrain  from  voting  for  or  against  any  person,  or  for 
or  against  any  measure  at  any  such  election,  caucus  or  pri 
mary  election  or  political  convention.     ( Sec.  226. ) 

(d)  Every  person  who  shall,  directly  or  indirectly,  pay, 
give,  contribute  or  promise  any  money  or  other  valuable 
thing,  to  defray  or  towards  defraying  the  costs  or  expenses 
of  any  campaign  or  election,  to  any  persons,  committee, 
company,  club,  organization  or  association,  other  than  a 
treasurer  or  political  agent;  but  this  sub-section  or  para- 
graph shall  not  apply  to  dues  regularly  paid  for  member- 
ship in  any  incorporated  political  club  if  all  money  ex- 
pended by  such  club  for  or  in  connection  with  the  costs  of 
expenses  of  any  campaign  or  election  shall  be  paid  out  by 
it  only  through  a  treasurer  or  political  agent  as  provided 
in  this  act,  or  to  any  expenses  for  postage,  telegrams,  tele- 
phoning, stationery,  printing,  expressage  or  traveling,  and 
hoard  incurred  by  any  candidate. for  office  or  for  nomina 
tion  thereto,  so  far  as  they  are  permitted  by  this  act.  (Sec. 
226.) 

(e)  Every  person  who  shall,  dir(^ctly  or  indirectly,  by 
himself  or  through  another  person,  make  a  payment,  or 
promise  of  payment,  to  a  treasurer  or  political  agent  in 
any  other  name  than  his  own.     (Sec.  226.) 

(f )  Every  treasurer  or  political  agent  who  shall,  know- 
ingly, receive  a  payment,  or  promise  of  payment,  and  enter 
the  same  or  cause  the  same  to  be  entered  in  his  accounts 
in  any  other  name  than  that  of  tlie  person  by  whom  such 
paympnt  or  promise  of  payment  is  made.      (Sec.  226.) 


SCOPE    Ot"    ACT.  77 

(g)      hjvery   person   who  being  an   employer,  pays  hij^ 
employes  the  salary  or  wages  due  in  ^'pay  envelopes''  upon 
which  there  is  printed  or  in  which  there  is  enclosed  any 
political  motto,  device  or  argument  containing  threats,  ex- 
press or  implied,  intended  or  calculated  to  influence  the  po- 
litical opinions  or  actions  of  such  employes,  or  within  ninety- 
days  of  an   election  or  primary   election    puts,   or  othei* 
wise    exhibits    in    the    establishment    oj-    place    where    his 
employes  are  engaged  in  labor,  any  handbill  or  placard  con 
taining  any  threat,  notice  or  information  that  if  any  pai- 
ticular  ticket  or  candidate  is  elected  or  defeated,  work  in 
his  place,  or  establishment,  will  cease,  in  whole  or  in  part, 
his  establishment  be  closed  up,  or  the  wages  of  his  employes 
reduced,  or  other  threats,  express  or  implied,  intended  or 
calculated  to  inflame  the  political  opinions  or  actions  of  his 
employes.     (Sec.  226.) 

(h)  Every  person  who,  before,  during  or  after  an  elec- 
tion or  primary  election  by  himself,  or  by  any  other  person, 
either  directly  or  indirectly,  gives  or  provides,  or  pays 
wholly  or  in  part,  the  expenses  of  giving  or  providing  an> 
meat,  drink,  entertainment  or  provisions  to  or  for  any  per 
sion  for  the  purpose  of  influencing  that  person,  or  any  other 
pervson,  to  give  or  refrain  from  giving  his  vote  at  the  elec 
tion  or  primary  election  or  to  influence  his  vote  in  any  othei- 
way  therein,  or  on  account  of  his  having  voted,  or  refrained 
from  voting,  or  being  about  to  vote  or  refrain  from  voting . 
and  every  elector  who  accepts  the  same,  or  any  of  the  same, 
for  any  of  the  purposes  aforesaid.     (Sec.  226.) 

(i)  Every  person  who,  at  any  election  held  pursuant 
to  the  laws  of  this  state,  applies  for  a  ballot  paper  in  any 
election  room  or  polling  place  in  the  name  of  any  otjiei 
person  than  himself,  whether  that  name  be  that  of  a  per 
son  living  or  dead  or  of  a  fictitious  person,  or  who,  having 
voted  once  at  any  election,  applies  for  a  ballot  paper  at  the 
same  election  in  his  own  name,  or  any  other  name,  or  who 
aids,  abets,  counsels,  or  procures  the  commission  of  any 
:such  act  or  acts.     (Sec.  226.) 

(j)  Every  person  wbo  shall  falsely  compose,  dictato. 
print,  write,  or  transmit  by  any  means  whatever  to  apy 
publisher  of  any  newspaper,  book  or  serial,  any  matter,  the 
publication  of  which  in  such  newspaper,  book  or  serial, 
would  expose  any  person  to  hatred,  c>on tempt,  ridicule  or 


78  GENERAL    LAWS. 

obloquy,  or  which  would  cause  or  tend  to  cause  any  person 
to  be  shunned  or  avoided,  or  which  would  have  a  tendency 
to  injure  any  person  in  his  business,  for  the  purpose  of  in- 
timidating, influencing,  inducing  or  procuring  any  person 
to  vote  or  refrain  from  voting  for  or  against  any  person, 
or  for  or  against  any  measure  or  proposition  at  any  election 
or  primary  election,  or  political  convention  or  session  of 
the  general  assembly  of  the  State  of  Indiana,  or  either  house 
thereof.     (Sec.  226.) 

(k)  Every  proprietor  or  editor  of  a  book,  newspaper 
or  serial,  and  every  partner,  or  member  of  a  partnership, 
or  manager  of  any  incorporated  association  by  which  a 
book,  newspaper,  or  serial  is  issued  or  published,  or  circu- 
lated, who  shall  falsely  publish,  or  cause  to  be  published  any 
writing,  typewriting,,  printing,  picture,  effigy,  symbol,  sign, 
cartoon,  or  which  exposes  any  person  to  hatred,  contempt, 
ridicule  or  obloquy,  or  which  causes  or  tends  to  cause  any 
person  to  be  shunned  or  avoided,  or  which  has  a  tendency 
to  injure  any  person  or  company  in  his  or  its  business,  for 
the  purpose  of  intimidating,  influencing  or  inducing,  or  pro- 
curing any  person  to  vote  or  refrain  from  voting  for  or 
against  any  person,  or  for  or  against  any  measure  or  propo- 
sition at  any  election,  or  primary  election,  or  political  con- 
vention or  session  of  the  general  assembly  of  the  State  of 
Indiana,  or  either  house  thereof.     (Sec.  226.) 

Penalty  for  Violation  of  Corrupt  Practices  Act. 

Every  person  who  shall  be  guilty  of  any  corrupt  prac- 
tices as  aforesaid,  shall  be  fined  not  less  than  $300.00  nor 
more  than  $1,000.00  or  be  imprisoned  for  not  more  than 
one  year,  or  both,  and  shall  be  ineligible  to  any  public  office, 
or  public  employment,  for  the  period  of  four  years  from  and 
after  the  time  of  the  commission  of  such  offense.  (Sec. 
226.) 

Corporate  Contributions. 

No  corporation,  domestic  or  foreign,  can  directly  or  indi- 
rectly or  through  any  officer,  agent  or  employe,  representa- 
tive or  other  person  whatsoever  give,  contribute,  furnish, 
lend  or  promise  any  money,  property,  transportation  or 
means  to  aid,  promote  or  influence  the  success  or  defeat  of 


SCOPE    OF   ACT.  79 

any  political  party,  or  principle,  or  to  aid,  promote  or  influ- 
ence the  election  or  defeat  of  any  candidate,  or  to  be  used 
for  any  political  purposes  whatever,  to  the  following  per- 
sons : 

1.  To  any  political  party. 

2.  To  any  candidate  for  public  office  or  for  nominatioft- 
therefor. 

3.  To  any  public  organization. 

4.  To  any  political  committee. 

5.  To  any  treasurer  or  political  agent.     (Sec.  227.) 

Contest  Complaint. 

The  act  provides  for  contest,  at  the  instance  of  a  de- 
feated candidate  or  of  ten  duly  qualified  voters,  of  any  elec- 
tion wherein  it  is  alleged  that  corrupt  practices  have  been 
used.     (Sec.  229.) 

Duty  of  Prosecuting  Attorneys. 

It  is  the  duty  of  the  Prosecuting  Attorney  to  prosecute 
by  the  regular  course  of  criminal  procedure  persons  whom 
he  may  believe  to  be  guilty  of  having  violated  any  of  the 
provisions  of  this  act.     (Sec.  231.) 


INTERPRETATION  OF  THE   FEDERAL  COR- 
RUPT PRACTICES  ACT. 


TERM  "POLITICAL  COMMITTEE*'  DEFINED. 

The  term  "political  committee"  under  the  provisions  of 
the  Federal  Corrupt  Practices  Act  includes  the  national 
committees  of  all  political  parties  and  the  national  Con 
gressional  Campaign  Committees  of  all  political  parties  and 
all  committees,  associations  or  organizations  which  shall  in 
two  or  more  states  influence  the  result  or  attempt  to  in- 
fluence the  result  of  an  election  at  which  Representatives  in 
Congress  are  to  be  elected.     (Sec.  232.) 

OFFICERS  OF  POLITICAL  COMMITTEES. 

Every  political  committee  shall  have  a  chairman  and  a 
treasurer.  No  officer  or  member  of  such  committee,  oi- 
other  person  acting  under  its  authority  or  in  its  behalf  shall 
receive  any  money  or  its  equivalent,  or  expend  or  promise 
to  expend  any  money  on  behalf  of  such  committee,  until 
after  a  chairman  and  treasurer  of  such  committee  shall  have 
been  chosen.    (Sec.  233.) 

TREASURERS  MUST  KEEP  BOOKS  OF  ACCOUNT, 

It  shall  be  the  duty  of  the  treasurer  to  keep  a  detailed 
and  exact  account  of  all  money  or  its  equivalent  received  b> 
or  promised  to  such  committee  or  any  member  thereof  or 
by  or  to  any  person  acting  under  its  authority  or  in  its  be 
half,  and  the  name  of  every  person,  firm,  association  or  com 
mittee  from  whom  received,  and  of  all  expenditures,  dis- 
bursements and  promises  of  payment  or  disbursement  made 
by  the  committee  or  any  member  thereof,  or  by  any  person 
acting  under  its  authority  or  in  its  behalf,  and  to  whom  paid, 
distributed  or  disbursed.    (Sec.  233.) 

(80) 


KBUKRAL    CORKUPT     PRAUTICKS     ACT  8J 

RECEIPTS  FOR  DISBURSEMENTS. 

Kvery  payment  or  disbursement  made  by  a  political  com- 
mittee exceeding  ten  dollars  in  amount  must  be  evidenced 
by  a  receipted  bill  stating  the  particulars  of  expense,  and 
every  such  record,  voucher,  receipt  or  account  shall  be  pre=- 
served  for  fifteen  months  after  the  election  to  which  it  re- 
lates.    (Sec.  234.) 

RECORDS  OF  CONTRIBUTIONS. 

All  persons  receiving  contributions,  payments,  loans, 
gifts,  advances,  deposits  or  promises  of  money  or  its  equiva- 
lent are  required  to  render  detailed  accounts  to  the  treas- 
urer on  demand  and  in  any  event  within  five  days,  and  it 
is  the  duty  of  the  treasurer  to  forthwith  enter  the  name  and 
address  of  the  contributor  and  the  amount  of  the  contribu- 
tion in  the  record  kept  for  that  purpose.    (Sec.  235.) 

TREASURER'S  STATEMENTS.     WHERE  FILED. 

The  treasurer  must  file  a  sworn,  itemized,  detailed  state- 
ment not  more  than  fifteen  days  and  not  less  than  ten  days 
before  a  general  election  of  Eepresentatives  in  Congress  in 
the  office  of  the  Clerk  of  the  House  of  Eepresentatives  in 
Washington,  D.  C. ;  and  supplemental  statements  each  sixth 
day  thereafter  until  such  election.  He  shall  also  file  a  simi- 
lar statement  within  thirty  days  after  such  election.  Each 
of  said  statements  must  conform  to  the  following  require- 
ments : 

''First.  The  name  and  address  of  each  person,  firm,  as- 
sociation, or  committee  who  or  which  has  contributed,  prom- 
ised, loaned,  or  advanced  to  such  political  committee,  or  any 
officer,  member,  or  agent  thereof  either  in  one  or  more 
items,  money  or  its  equivalent  of  the  aggregate  amount  or 
value  of  one  hundred  dollars  or  more,  and  the  amount  or 
.sum  contributed,  promised,  loaned,  or  advanced  by  each. 

"Second.  The  aggregate  sum  contributed,  promised, 
loaned,  or  advanced  to  such  political  committee,  or  to  any 
officer,  member  or  agent  thereof,  in  amounts  of  less  than 
one  hundred  dollars. 

''Third.  The  total  sum  of  all  contributions,  promises, 
loans,  and  advances  received  by  such  political  committee  or 
MTiy  officer,  member,  or  agent  thereof. 

«— 1778 


82  GENERAL   LAWS. 

''Fourth.  The  name  and  address  of  each  person,  firm, 
association,  or  committee  to  whom  such  political  commit- 
tee, or  any  officer,  member,  or  agent  thereof,  has  distributed, 
disbursed,  contributed,  loaned,  advanced,  or  promised  any 
sum  of  money  or  its  equivalent  of  the  amount  or  value  of 
$10.00  or  more,  stating  the  amount  or  sum  distributed,  dis- 
bursed, contributed,  loaned,  advanced,  or  promised  to  each, 
and  the  purpose  thereof. 

''Fifth.  The  aggregate  sum  distributed,  disbursed,  con- 
tributed, loaned,  advanced,  or  promised  by  such  political 
committee,  or  any  officer,  member,  or  agent  thereof,  where 
the  amount  or  value  of  such  distribution,  disbursement, 
loan,  advance,  or  promise  to  any  one  person,  firm,  associa- 
tion, or  committee  in  one  or  more  items  is  less  than  ten 
dollars. 

"Sixth.  The  total  sum  disbursed,  distributed,  contri- 
buted, loaned,  advanced,  or  promised  by  such  political  com- 
mittee, or  any  officer,  member,  or  agent  thereof. ' ' 

The  clerk  shall  preserve  said  statements  for  fifteen 
months.  They  shall  be  a  part  of  the  public  records  and  open 
to  public  inspection.    (Sees.  236  and  237.) 

STATEMENTS  OF  CONTRIBUTIONS  NOT  MADE  TO 
A  POLITICAL  COMMITTEE. 

Every  person,  firm,  association,  or  committee  except  po- 
litical committees,  expending  $50.00  or  more  for  influencing 
Congressional  elections  in  two  or  raore  States  must  file 
statements  under  oath  the  same  as  required  of  treasurers, 
with  the  Clerk  of  the  House  of  Representatives,  Washing- 
ton, D.  C.     (Sec.  238.) 

"CANDIDATE"  DEFINED. 

The  word  "candidate"  as  used  in  the  Federal  Corrupt 
Practices  Act  shall  include  all  persons  whose  names  are 
presented  for  nomination  for  Representative  or  Senator  in 
the  Congress  of  the  United  States  at  any  primary  election 
or  nominating  convention  or  for  indorsement  or  election  at 
any  general  or  special  election  held  in  connection  with  the 
nomination  or  election  of  a  person  to  fill  such  office,  whether 
or  not  such  persons  are  actually  nominated,  indorsed  or 
.  elected.    (Sec.  239.) 


FEDERAL  CORRUPT  PRACTICES  ACT.  83 

STATEMENTS  OF  CANDIDATES  FOR  REPRESENT- 
ATIVE IN  CONGRESS  TO  BE  FILED  PRIOR  TO  A 
PRIMARY  ELECTION,  CONVENTION  OR  ELECTION. 
WHERE  FILED. 

Every  candidate  at  any  primary  election  or  nominating 
convention  or  at  any  general  or  special  election,  as  Eepre- 
sentative  in  Congress,  shall,  not  less  than  ten  nor  more  than 
fifteen  days  before  any  such  primary,  convention  or  election, 
file  with  the  Clerk  of  the  House  of  Representatives  at  Wash- 
ington, D.  C,  a  full,  correct  and  itemized  statement  of  all 
moneys  and  things  of  value  received  by  him  in  aid  or  sup- 
port of  his  candidacy,  together  with  the  names  of  all  those 
who  have  furnished  the  same  in  whole  or  in  part ;  and  such 
statement  shall  contain  a  true  and  itemized  account  of  all 
moneys  and  things  of  value  given,  contributed,  expended, 
used,  or  promised  by  such  candidate,  or  Representative,  to- 
gether with  the  names  of  all  those  to  whom  any  and  all  such 
gifts,  contributions,  payments,  or  promises  were  made,  for 
the  purpose  of  procuring  his  nomination  or  election.  (Sec. 
289.) 

STATEMENTS  OF  CANDIDATES  FOR  U.  S.  SENATOR 
TO  BE  FILED  PRIOR  TO  A  PRIMARY  ELECTION, 
CONVENTION  OR  ELECTION.     WHERE  FILED. 

Eveiy  candidate 'at  any  primary  election  or  nominating 
convention  or  for  indorsement  at  any  general  or  special  elec- 
tion or  by  the  legislature  of  any  State,  shall,  not  less  than 
ten  nor  more  than  fifteen  days  before  such  primary  elec- 
tion, convention,  or  election  and  not  less  than  five  nor  more 
than  ten  days  before  the  day  upon  which  the  first  vote  is 
to  be  taken  in  the  two  houses  of  the  legislature,  file  with  the 
Secretary  of  the  Senate  at  Washington,  D.  C,  a  full,  correct 
and  itemized  statement  of  all  moneys  and  things  of  value  re- 
ceived by  him  in  aid  or  support  of  his  candidacy,  together 
with  the  names  of  all' those  who  have  furnished  the  same  in 
whole  or  in  part,  and  such  statement  shall  contain  a  true 
and  itemized  account  of  all  moneys  and  things  of  value 
given,  contributed,  expended,  used,  or  promised  by  such  can- 
didate or  his  representatives,  together  with  the  names  of 
all  those  to  whom  any  and  all  such  gifts,  contributions,  pay- 
ments, or  promises  were  made  for  the  purpose  of  procuring 
his  nomination  or  election,    (Sec.  239.) 


84  GENERAL    LAWS. 

STATEMENTS  OF  CANDIDATE  FOR  SENATOR  OR 
REPRESENTATIVE  IN  CONGRESS  TO  BE  FILED 
AFTER  A  PRIMARY,  CONVENTION,  OR  ELECTION. 
WHERE  FILED. 

Every  such  candidate  for  nomination  at  any  primary 
election  or  nominating  convention,  or  for  indorsement  or 
election  at  any  general  or  special  election,  or  for  election  b\ 
the  legislature  of  any  state,  shall,  within  fifteen  days  after 
such  primary  election  or  nominating  convention,  and  in 
thirty  days  after  any  such  general  or  special  election,  and 
within  thirty  days  after  the  day  upon  which  the  legislature 
shall  have  elected  a  Senator,  file  with  the  Clerk  of  the  House 
of  Representatives  or  with  the  Secretary  of  the  Senate,  as 
the  case  may  be,  a  full  correct,  and  itemized  statement  of  all 
moneys,  etc.,  received  by  him,  together  with  the  names  of 
all  those  who  have  furnished  the  same  in  whole  or  in  part ; 
and  such  statement  shall  contain  a  true  and  itemized  ac- 
count of  all  moneys,  etc.,  expended  by  any  such  candidate, 
up  to,  on,  and  after  the  day  of  such  primary  election,  con- 
vention or  election,  or  election  by  the  legislature,  together 
with  the  names  of  all  contributing  to  aid  in  his  nomination 
or  election.  Every  such  statemont  shall  also  include  all 
promises  or  pledges  relative  to  appointment  to  office  in  the 
County,  State  or  Nation  or  in  any  private  or  corporate  em- 
ployment made  to  aid  in  his  nomination  or  election.  Tf  none 
has  been  made  such  fact  should  be  distinctlv  stated.  (See. 
239.) 

CANDIDATES  FOR  SENATOR  OR  REPRESENTATIVE 
IN  CONGRESS  PROHIBITED  FROM  PROMISING 
ANY  OFFICE  OR  POSITION  TO  PROCURE  SUPPORT 
OF  CANDIDACY.  ^ 

No  candidate  for  Representative  in  Congress  or  for  Sen- 
ator of  the  United  States  shall  promise  any  office  or  position     .; 
to  any  person,  or  to  use  his  influence  or  to  give  his  support^ 
to  any  person  for  any  office  or  position  for  the  purpose  of 
procurijQg  the  support  of  such  person,  or  of  any  person  in 
his  candidacy      (Sec.  239.) 


FEDERAL    CORRUPT    PRACTICES    ACT.  85 

CANDIDATES  FOR  U.  S.  SENATE  PROHIBITED  FROM 
CONTRIBUTING  TO  CAMPAIGN  FUND  OF  A  CAN- 
DIDATE FOR  THE  GENERAL  ASSEMBLY.  MAY 
CONTRIBUTE  TO  POLITICAL  COMMITTEES. 

No  candidate  for  Senator  of  the  United  States  shall  give, 
contribute,  expend,  use,  or  promise  any  money  or  thing  of 
value  to  assist  in  procuring  the  nomination  or  election  of 
any  particular  candidate  for  the  legislature  of  the  State  in 
which  he  resides,  but  such  candidate  may,  within  the  limita- 
tions and  restrictions  and  subject  to  the  requirements  of  this 
act,  contribute  to  political  committees  having  charge  of  the 
disbursement  of  campaign  funds.    (Sec.  239.) 

LIMITATION  ON  EXPENDITURES  BY  CANDIDATES 
FOR  SENATOR  OR  REPRESENTATIVE  IN  CON- 
GRESS. 

No  candidate  for  Senator  or  Representative  in  Congress 
shall  expend  more  than  allowed  by  the  laws  of  the  State 
where  he  resides :  Provided,  A  candidate  for  Representative 
aiay  expend  in  the  aggregate  not  to  exceed  $5,000.00  and  a 
candidate  for  the  U.  S.  Senate  not  to  exceed  $10,000.00: 
Provided,  further,  that  assessments  under  the  laws  of  his 
state  or  for  necessary  personal  expenses  for  travel  and  sub- 
sistence, stationery  and  postage,  writing  or  printing  (other 
than  in  newspapers),  and  distributing  letters,  circulars,  and 
posters,  and  for  telegraph  and  telephone  service  shall  not 
be  regarded  as  an  expenditure  within  the  meaning  of  the 
Federal  Corrupt  Practices  Act.     (Sec.  239.) 

WHAT  SECOND  OR  SUBSEQUENT  STATEMENTS 
SHALL  CONTAIN. 

A  statement  required  before  an  election  or  election  by 
the  legislature  need  not  contain  items  of  which  publicity 
has  been  given  in  a  previous  statement,  but  the  statement 
after  the  general  election  or  election  by  the  legislature  shall 
in  addition  to  an  itemized  statement  of  all  expenses  not 
theretofore  given  publicity,  con  tain  a  summary  of  all  pre- 
<*pding  statements.     (Sf^p   2.^9.) 


86  GENEKAL   LAWS. 

ALL  STATEMENTS  MUST  BE  VERIFIED. 

Every  statement  required  under  the  Federal  Corrupt 
Practices  Act  shall  be  verified  by  the  oath  or  affirmation  of 
the  candidate,  taken  before  an  officer  authorized  to  admin- 
ister oaths.    (Sec.  239.) 

WHEN  STATEMENT  DEEMED  FILED. 

The  depositing  of  any  statement  in  a  regular  post  office, 
directed  to  the  Clerk  of  the  House  of  Representatives,  or  to 
the  Secretary  of  the  Senate,  as  the  case  may  be,  duly  * 
stamped  and  registered,  shall  be  deemed  a  sufficient  filing  of 
any  statement  under  the  Federal  Corrupt  Practices  Act. 
(Sec.  239.) 

FEDERAL   CORRUPT   PRACTICES   ACT   DOES   NOT 
ANNUL  OR  VITIATE  THE  LAWS  OF  ANY  STATE. 

The  Federal  Corrupt  Practices  Act  shall  not  be  con- 
strued to  annul  or  vitiate  the  laws  of  any  state,  not  directly 
in  conflict  therewith,  relating  to  the  nomination  or  election 
of  candidates  for  the  office  therein  named,  or  to  exempt  any 
candidate  from  complying  with  such  State  laws.    (Sec.  239.) 

EXPENDITURES  NOT  SUBJECT  TO  THE  PROVISIONS 
OF  THE  FEDERAL  CORRUPT  PRACTICES  ACT. 

Any  person  may  in  connection  with  an  election  incur  and 
pay  from  his  own  private  funds  for  the  purpose  of  influenc- 
ing or  controlling,  in  two  or  more  states,  the  results  of  an 
election  at  which  Eepresentatives  in  the  Congress  of  the 
United  States  are  elected,  all  necessary  personal  expenses 
for  his  traveling,  for  stationery  and  postage,  and  for  tele- 
graph and  telephone  service,  without  being  subject  to  the 
provisions  of  the  Act.    (Sec.  240.) 

NO  LIMIT  ON  LEGAL  EXPENSES  TO  CONTEST  AN 

ELECTION. 

Nothing  contained  in  the  Federal  Corrupt  Practices  Acl^ 
limits  or  affects  the  right  of  any  person  to  spend  money  for^ 
proper  legal  expenses  in  maintaining  or  contesting  the  re- 
sults of  any  election.     (Sec.  241.) 


FEDERAL  CORRUPT  PRACTICES  ACT.  87 

PENALTY  FOR  VIOLATION  OF  THE  CORRUPT 
PRACTICES  ACT. 

Every  person  wilfully  violating  any  of  the  provisions 
of  the  Federal  Corrupt  Practices  Act  shall,  upon  convic- 
tion, be  fined  not  more  than  $1,000.00  or  imprisoned  not 
more  than  one  year,  or  both.    (Sec.  242.) 

NATIONAL  BANKS  AND  CORPORATIONS  MUST  NOT 

CONTRIBUTE  TO  CAMPAIGN  FUNDS. 

PENALTIES. 

National  banks  and  corporations  organized  by  authority 
of  Congress  are  prohibited  from  making  contributions  in 
connection  with  any  election  to  any  political  office. 

All  corporations  are  prohibited  from  making  contribu- 
tions in  connection  with  any  election  at  which  Presidential 
and  Vice-Presidential  electors  or  a  Representative  in  Con- 
gress is  to  be  voted  for,  or  any  election  by  any  state  legis- 
lature of  a  United  States  Senator. 

A  corporation  violating  any  of  the  provisions  of  this 
act  (35  Stat.  L.  1103)  is  subject  to  a  fine  not  to  exceed 
$5,000.00.  Officers  of  a  corporation  violating  the  act,  who 
consent  thereto,  shall  be  subject  to  a  fine  of  not  less  than 
$250.00  nor  more  than  $1,000.00,  or  imprisonment  for  not 
more  than  one  year,  or  both  such  fine  and  imprisonment  in 
the  discretion  of  the  Court.    (Sec.  228.) 


NATURALIZATION. 


A  foreigner  (who  is  not  a  Chinaman)  and  who  has  re- 
sided for  one  year  in  the  United  States  and  declared  his  in- 
tention to  become  a  citizen  of  the  United  States,  is  entitled  to 
vote  mider  precisely  the  same  conditions  as  to  residence  as 
any  citizen.  (Sec.  2.)  He  is  eligible  to  any  office  under  the 
Constitution  of  the  State  of  Indiana  except  governor,  lieu- 
tenant-governor or  member  of  the  general  assembly.  The 
declaration  of  intention  may  be  made  at  any  time  bef  are  the 
clerk  of  any  fedaral  court,  or  of  the  supreme  or  any  circuit 
court  of  the  State  of  Indiana.  (See  Chapter  8,  Naturaliza- 
tion, page  197.) 

By  an  Act  of  the  General  Assembly  of  1911  (Acts  1911, 
page  672),  it  is  made  unlawful  to  induce  or  solicit  any  alien 
to  declare  his  intention  to  become  a  citizen  of  the  United 
States,  or  to  pay  or  offer  to  pay  the  fee  or  any  part  thereof 
necessary  to  assist  any  alien  in  declaring  his  intention  to 
become  a  citizen  of  the  United  States. 


EXPLANATION, 


The  references  at  the  end  of  the  sections  are  to  Thorn- 
ton's Eevised  Statutes  of  1897;  Burns'  Eevised  Statutes 
of  1894,  1901,  1905,  1908  and  1914  and  the  Revised  Statutes 
of  1881,  and  the  Acts  of  1909,  1911  and  1913.  The  letters 
^^E.  S."  refer  to  Elliott's  Supplement"  of  1889. 

Owing  to  the  law  of  1897  substituting  the  use  of  a  blue 
pencil  for  a  stamp,  in  voting,  the  word  ^'pencil"  has  been 
inserted  immediately  after  or  before  the  word  *^ stamp"; 
'^  marking"  after  *^  stamping,"  and  *^  marked,"  after 
'^stamped,"  wherever  these  words  occur  in  the  law  of  1889 
or  in  the  amendments  thereto. 


CHAPTER  1. 


CONSTITUTIONAL  PROVISIONS. 

ooNSTiTrrrioN  of  the  united  states 

sec.  SIC. 

1.  Elections.  5.    The  xighta  of  voters. 

2.  The  President.  6.    Election  jof  senators.  | 

3.  Representative  apportioned  7.    Election  of  president  and  vice-president 

4.  Official  disabilities. 

1.  Elections. 

The  times,  places  and  manner  of  holding  elections  for 
Senators  and  Eepresentatives  shall  be  prescribed  in  each 
State  by  the  Legislature  thereof;  but  the  Congress  may 
at  any  time,  by  law,  make  or  alter  such  regulations,  except 
as  to  the  places  of  choosing  Senators.  The  Congress  shall 
assemble  at  least  once  in  every  year,  and  such  meeting  shall 
be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day.  (Art.  1,  Sec.  4,  U.  S.  Con.  E. 
S.  1914,  Sec.  4.) 

2.  The  President. 

The  executive  power  shall  be  vested  in  a  President  of 
the  United  States  of  America.  He  shall  hold  office  during 
the  term  of  four  years  and  together  with  the  Vice  President, 
chosen  for  the  same  term,  be  elected  as  follows :  Each  State 
shall  appoint,  in  such  manner  as  the  Legislature  thereof 
may  direct,  a  number  of  electors  equal  to  the  whole  number 
of  Senators  and  Representatives  to  which  the  State  may  be 
entitled  in  the  Congress.  But  no  Senator  or  Represent- 
ative, or  person  holding  an  office  of  trust  or  profit  under  the 
United  States,  shall  be  appointed  an  elector. 

No  person,  except  a  natural-born  citizen,  or  a  citizen  oi 
the  United  States  at  the  time  of  the  adoption  of  this  Consti- 
tution, shall  be  eligible  to  the  office  of  President;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not  have 
attained  to  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 

(•0) 


GENERAL    LAWS 

In  case  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the  pow- 
ers and  duties  of  said  office,  the  same  shall  devolve  on  the 
Vice-President;  and  the  Congress  may  bl  law  provide  for 
the  case  of  removal,  death,  resignation,  or  inability,  both  of 
the  President  and  Vice-President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  accord- 
ingly, until  the  disability  be  removed,  or  a  President  shall 
be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  serv-  fl 
ices,  a  compensation,  which  shall  neither  be  increased  nor 
diminished  during  the  .period  for  which  he  shall  have  been 
elected;   and  he  shall  not  receive,  within  that  period,  any 
other  emolument  from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office  he  shall 
take  the  following  oath  or  affirmation : 

**I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States,  and 
will,  to  the  best  of  my  ability,  preserve,  protect  and  defend 
the  Constitution  of  the  United  States/*  (Art.  2,  Sec.  1,  U. 
S.  Con.    E.  S.  1914,  Sec.  11.) 

3.  Representatives  Apportioned. 

Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for 
the  choice  for  electors  for  President  and  Vice-President  of 
the  United  States,  Representatives  in  Congress,  the  exec- 
utive and  judicial  officer  of  a  State,  or  the  members  of  the 
Legislature  thereof,  is  denied  to  any  of  the  male  inhabitants 
of  such  State,  being  twenty-one  years  of  age  and  citizens  of 
the  United  States,  or  in  any  way  abridged,  except  for  par- 
ticipations in  rebellion  or  other  crime,  the  basis  of  repre- 
sentation therein  shall  be  reduced  in  the  proportion  which 
the  number  of  such  male  citizens  shall  bear  to  the  whole 
number  of  male  citizens  twenty-one  years  of  age  in  such 
State.    (Art.  14,  Sec.  2,  U.  S.  Con.    R.  S.  1914,  Sec.  40.) 

4.  Official  Disabilities. 

No  person  shall  be  a  Senator  or  Representative  in  Con- 
gress, or  elector  of  President  and  Vice-President  or  hold 


CONCERNING    ELECTIONS.  91 

any  office  civil  or  military  under  the  United  States,  or  under 
any  State,  who,  having  previously  taken  an  oath  as  a  mem- 
ber of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a 
member  of  any  State  Legislature,  or  as  an  executive  or  ju- 
dicial officer  of  any  State,  to  support  the  Constitution  of 
the  United  States,  shall  have  engaged  in  insurrection  or 
rebellion  against  the  same  or  given  aid  or  comfort  to  the 
enemies  thereof.  But  Congress  may,  by  a  vote  of  two- 
thirds  of  each  house,  remove  such  disability.    (Art.  14,  Sec. 

4.  U.  S.  Con.    R.  S.  1914,  Sec.  41.) 

5.  The  Rights  of  Voters. 

The  right  of  the  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by 
any  State,  on  account  of  race,  color,  or  previous  condition 
of  servitude.  (Art.  15,  Sec.  1,  U.  S.  Con.  R.  S.  1914, 
Sec.  44.) 

6.  Election  of  Senators. 

The  Senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  State,  elected  by  the  people  thereof, 
for  six  years ;  that  each  Senator  shall  have  one  vote.  The 
electors  in  each  State  shall  have  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  State  Legis- 
latures. 

When  vacancies  happen  in  the  representation  of  any 
State  in  the  Senate,  the  executive  authority  of  such  State 
shall  issue  writs  of  election  to  fill  such  vacancies:  Pro- 
vided, That  the  Legislature  of  any  State  may  empower  the 
executive  thereof  to  make  temporary  appointments  until  the 
people  fill  the  vacancies  by  election  as  the  Legislature  may 
direct. 

This  amendment  shall  not  be  so  construed  as  to  affect 
the  election  or  term  of  any  Senator  chosen  before  it  becomes 
valid  as  part  of  the  Constitution.  (Art.  17,  Sec.  1,  U.  S. 
Con.    R.  S.  1914,  Sec.  45b.) 

7.  Election  of  President  and  Vice-President. 

The  electors  shaU  meet  in  their  respective  States,  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 


GEMEJBAL     LAWS 


with  theinseJves;  they  shall  name  in  their  ballots  the  pei* 
sons  voted  for  as  President,  and  in  distinct  ballots  the  per- 
son voted  for  as  Vice-President ;  and  they  shall  make  dis- 
tinct lists  of  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the  number  of 
votes  for  each;  which  lists  they  shall  sign  and  certify,  and 
transmit,  sealed,  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  President  of  the  Senate.  The  Pres- 
ident of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
the  House  of  Representatives,  open  all  the  certificates,  and 
the  votes  shall  then  be  counted.  The  person  having  the 
greatest  number  of  votes  for  President  shall  be  the  Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed;  and  if  no  person  have  such  majority, 
then,  from  the  persons  having  the  highest  numbers,  not  ex- 
ceeding three,  on  the  list  of  those  voted  for  as  President, 
the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  States,  the  representation  from  each 
State  having  one  vote;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President,  whenever  the  right  of  choice  shall  de- 
volve upon  them,  before  the  fourth  day  of  March  next  fol- 
lowing, then  the  Vice-President  shall  act  as  President,  as 
in  case  of  the  death  or  other  constitutional  disability  of  the 
President. 

The  person  having  the  greatest  number  of  votes  as 
Vice-President  shall  be  the  Vice-President,  if  such  number 
be  the  majority  of  the  whole  number  of  electors  appointed ; 
and  if  no  person  have  a  majority,  then,  from  the  two  high- 
est numbers  on  the  list,  the  Senate  shall  choose  the  Vice 
President;  a  quorum  for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority  of 
the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the 
United  States.  (Art.  12,  Sec.  1,  U.  S.  Con.  R.  S.  1914. 
Sec  36.) 


OONCEKNIWG     Kl.KCTlONS.  93 

(X)NSTITlJTION    OF    INDIANA 


8. 

Elections  free 

17. 

Pro  temp  )re  appointments. 

9. 

Qualifications  of  eleciora. 

18. 

Ele  tors  free  fr  :m  arre.st. 

10. 

Soldiers— Seamen — Marine.'^. 

19. 

Method  of  elections. 

11. 

Residence. 

20. 

Time  cf  elections. 

12. 

Bribery. 

21. 

Election. 

13. 

Challenge  to  duel. 

22. 

Manner  of  voting. 

14. 

Disfranchisement. 

23. 

Plurality  elects. 

15. 

Effect  of  holding  lucrative  oftine. 

24. 

ConteRt,!*. 

16. 

Defaulters 

8.  Elections  Free. 

All  elections  shall  be  free  aud  equal.  (Art.  2,  Sec.  I, 
Con.  of  Ind.    R.  S.  1914,  Sec.  83.) 

9.  Qualifications  of  Electors. 

(As  amended  March  14,  1881.)  In  all  elections  not  oth- 
erwise provided  for  by  this  Constitution,  every  male  citizen 
of  the  United  States,  of  the  age  of  twenty-one  years  and 
upwards,  who  shall  have  resided  in  the  State  during  the 
six  months,  and  in  the  township  sixty  days,  and  in  the  ward 
or  precinct  thirty  days  immediately  preceding  such  election, 
and  every  male  of  foreign  birth,  of  the  age  of  twenty-one 
years  and  upwards,  who  shall  have  resided  in  the  United 
States  one  year,  and  shall  have  resided  in  the  State  during 
the  six  months,  and  in  the  township  sixty  days,  and  in  the 
ward  or  precinct  thirty  days  immediately  preceding  such 
election,  and  shall  have  declared  his  intention  to  become  a 
citizen  of  the  United  States,  conformably  to  the  laws  of  the 
United  States  on  the  subject  of  naturalization,  shall  be  en- 
titled to  vote  in  the  township  or  precinct  where  he  may  re- 
side, if  he  shall  have  been  dulv  registered  according  to  law. 
(Art.  2,  Sec.  2,  Con.  of  Ind.    R.  S.  1914,  Sec.  84.) 

10.  Soldiers — Seamen — Marines. 

No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have 
acquired  a  residence  in  the  State  in  consequence  of  having 
been  stationed  within  the  same ;  nor  shall  any  such  soldier, 
seaman  or  marine  have  any  right  to  vote.  (Art.  2,  Sec.  3, 
Con.  of  Ind.    R.  S.  1914,  Sec.  85.) 

11.  Residence. 

No  person  shall  be  deemed  to  have  lost  his  residence  in 
the  State  by  reason  of  his  absence,  either  on  business  of  this 


94  GENERAL    LAWS 

State  or  of  the  United  States.    (Art.  2,  Sec.  4,  Con.  of  Ind. 
R.  S.  1914,  Sec.  86.) 

12.  Bribery. 

Every  person  shall  be  disqualified  for  holding  office  dur- 
ing the  term  for  which  he  may  have  been  elected  who  shall 
have  given  or  offered  a  bribe,  threat  or  reward,  to  secure 
his  election.  (Art.  2,  Sec.  6,  Con.  of  Ind.  R.  S.  1914,  Sec. 
87.) 

13.  Challenge  to  Duel. 

Every  person  who  shall  give  or  accept  a  challenge  to 
fight  a  duel,  or  who  shall  knowingly  carry  to  another  per- 
son such  challenge,  or  who  shall  agree  to  go  out  of  the 
State  to  fight  a  duel,  shall  be  ineligible  to  any  office  of  trust 
or  profit.    (Art.  2,  Sec.  7,  Con.  of  Ind.    R.  S.  1914,  Sec.  88.) 

14.  Disfranchisement. 

The  General  Assembly  shall  have  power  to  deprive  of 
the  right  of  suffrage  and  to  render  ineligible  any  person 
convicted  of  any  infamous  crime.  (Art.  2,  Sec.  8,  Con.  of 
Ind.    R.  S.  1914,  Sec.  89.) 

15.  Effect  of  Holding  Lucrative  Office, 

No  person  holding  a  lucrative  office  or  appointment 
under  the  United  States,  or  under  this  State,  shall  be  eli- 
gible to  a  seat  in  the  General  Assembly ;  nor  shall  any  per- 
son hold  more  than  one  lucrative  office  at  the  same  time, 
except  as  by  this  Constitution  expressly  permitted:  Pro- 
vided, That  offices  in  the  militia,  to  which  there  is  attached 
no  annual  salary,  and  the  office  of  deputy  postmaster,  where 
the  compensation  does  not  exceed  ninety  dollars  per  an- 
num, shall  not  be  deemed  lucrative:  And  provided,  also. 
That  counties  containing  less  than  one  thousand  polls  may 
confer  the  office  of  Clerk,  Recorder  and  Auditor,  or  any  two 
of  said  offices,  upon  the  same  person.  (Art.  2,  Sec.  9,  Con. 
of  Ind.    R.  S.  1914,  Sec.  90.) 

16.  Defaulters. 

-No  person  who  may  hereafter  be  a  collector  or  holder 
of  public  moneys  shall  be  eligible  to  any  office  of  trust  or 


1 
I 


CONCERNING    ELECTIONS.  95 

profit  until  he  shall  have  accounted  for,  and  paid  over  ac- 
cording to  law,  all  sums  for  which  he  may  be  liable.  (Art. 
2,  Sec.  10,  Con.  of  Ind.    R.  S.  1914,  Sec.  91.) 

17.  Pro  Tempore  Appointments. 

In  all  cases  in  which  it  is  provided  that  an  office  shall 
not  be  filled  by  the  same  person  more  than  a  certain  num- 
ber of  years  continuously,  an  appointment  pro  tempore 
shall  not  be  reckoned  a  part  of  that  term.  (Art.  2,  Sec.  11, 
Con.  of  Ind.    R.  S.  1914,  Sec.  92.) 

18.  Electors  Free  from  Arrest. 

In  all  cases,  except  treason,  felony,  and  breaches  of  the 
peace,  electors  shall  be  free  from  arrest  in  going  to  elec- 
tions, during  their  attendance  there,  and  in  returning  from 
the  same.    (Art.  2,  Sec.  12,  Con.  of  Ind.    R.  S.  1914,  Sec.  93.) 

19.  Method  of  Elections. 

All  elections  by  the  people  shall  be  by  ballot,  and  all 
elections  by  the  General  Assembly,  or  either  branch  thereof, 
shall  be  viva  voce.  (Art.  2,  Sec.  13,  Con.  of  Ind.  R.  S.  1914, 
Sec.  94.) 

20.  Time  of  Elections. 

(As  amended  March  14,  1881.)  All  general  elections 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November;  but  township  elections  may  be  held  at  such 
time  as  may  be  provided  by  law :  Provided,  That  the  Gren- 
eral  Assembly  may  provide  by  law  for  the  election  of  all 
judges  of  courts  of  general  and  appellate  jurisdiction  by  an 
election  to  be  held  for  such  officers  only,  at  which  time  no 
other  officer  shall  be  voted  for;  and  shall  also  provide  for 
the  registration  of  all  persons  entitled  to  vote.  (Art.  2,  Sec. 
13,  Con.  of  Ind.     R.  S.  1914,  Sec.  95.) 

21.  Election. 

The  Governor  and  Lieutenant  Governor  shall  be  elected 
at  the  times  and  places  of  choosing  members  of  the  General 
Assembly.  (Art.  5,  Sec.  3,  Con.  of  Ind.  R.  S.  1914,  Sec. 
129.) 


96  OKITBRAL     LAWS 

22.  Manner  of  Voting. 

In  voting  for  Governor  and  Lieutenant  Governor,  the 
electors  shall  designate  for  whom  they  vote  as  Governor 
and  for  whom  as  Lieutenant  Governor.  The  returns  for 
every  election  for  Governor  shall  be  sealed  up  and  trans- 
mitted to  the  Seat  of  Government,  directed  to  the  speaker 
of  the  house  of  Representatives,  who  shall  open  and  publish 
them  in  the  presence  of  both  Houses  of  the  General  Assem- 
bly.   (Art.  5,  Sec.  4,  Con.  of  Ind.    R.  S.  1914,  Sec.  130:) 

23.  Plurality  Elects. 

The  persons,  respectively,  having  the  highest  number 
'  of  votes  for  Governor  and  Lieutenant  Governor,  shall  be 
elected;  but  in  case  two  or  more  persons  shall  have  an 
equal,  and  the  highest,  number  of  votes  for  either  office,  the 
General  Assembly  shall,  by  joint  vote,  forthwith  proceed  to 
elect  one  of  the  said  persons  Governor  or  Lieutenant  Gov- 
ernor, as  the  case  may  be.  (Art.  5,  Sec.  5,  Ind.  Con.  R. 
S.  1914,  Sec.  13L) 

24.  Contests. 

Contested  elections  for  Governor  or  Lieutenant  Gov- 
ernor shall  be  determined  by  the  General  Assembly,  in  such 
manner  as  may  be  prescribed  bv  law.     (Art.  5,  Sec.  6.  Ind 
Con.    R.  S.  1914,  Sec.  132.) 


OOirOBBNINO    BLKOTION8. 


97 


CHAPTER  2. 


REGISTRATION  OF  VOTERS. 


SBC.  "liC. 

25.  Elections— rRegigtration  of  voters.  38. 

26.  County  Commissioners — Establishing   pre-  39. 

cincta.  40. 

27.  Registration  officials.  41. 

28.  Sessions  of  boards.  42. 

29.  County  Auditor— Registration  books.  43. 

30.  Places  for  registration— Notice.  44. 

31.  Qualifications  to  register.  45. 

32.  Registration  place  open — Hours.  46. 

33.  Application  to  register — Contents.  47. 

34.  Written  signature  or  mark.  48. 

35.  Application  in  person — Proceedings.  49. 

36.  Books— Filling  in  data.  50. 

37.  County  Auditor— Custody  of  books,  etc. 


Voters  absent — Registration  by  affidarit. 

Compensation  of  board. 

Watchers. 

Police  powers. 

Penalty — False  registration  or  statement. 

Penalty — Subscribing  name  of  other  person . 

Penalty — Board  making  false  registration. 

Books  and  papers  at  election  polls. 

Challenge — Not  registered. 

City  registration. 

Petition  for  September  session, 

Repeal. 

Validity  of  act. 


(Acts  1918,  page  528.     Approved  March  11,  1913.) 

25.    Elections — Registration  of  Voters. 

1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Indiana,  That  hereafter  it  shall  be  unlawful  foi*  any  per- 
son to  vote  at  any  general  election  held  in  this  State,  unless 
such  person  be  at  the  time  a  registered  voter  under  the  re- 
quirements of  this  act. 

^^This  act  shall  be  commonly  known  and  referred  to 
as  the  Van  Auken-Storen  Registration  Act.''  (R.  S.  1914, 
Sec.  6977a.) 


26.    County  Commissioners — Establishing  Precincts. 

Sec.  2.  Every  order  of  a  board  of  commissioners  in  any 
county  in  this  state  establishing,  changing,  dividing  or  con- 
solidating election  pjecincts  in  such  county,  shall  be  made 
not  later  than  their  March  session  in  any  year  in  which  will 
occur  a  general  election  held  on  the  first  Tuesday  after  the 
first  Monday  in  November.  The  precincts  shall  remain 
throughout  the  year  as  they  are  established  at  such  March 
session,  or  previously.  And  a  notice  required  by  law  of  the 
establishment  of  precincts  or  changes  of  boundary  shall  be 
given  immediately  after  such  March  session,  if  it  has  not 
been  previously  given.    (R.  S.  1914,  Sec.  6977b.) 

7—1779 


98  GENERAL    LAWS 

27.    Registration  Officials. 

Sec.  3.  In  each  calendar  year  in  which  will  occur  in  this 
state  a  general  election,  held  on  the  first  Tuesday  after  the 
first  Monday  in  November,  there  shall  be  appointed  a  regis- 
tration inspector  and  two  registration  clerks  for  each  voting 
precinct  in  the  several  counties  of  this  state.  The  registra- 
tion inspector  and  clerks  so  appointed  shall  constitute  the 
registration  board  of  the  precinct  for  which  appointed. 
The  registration  inspector  shall,  at  the  time  of  his  appoint- 
ment, be  a  voter  and  resident  freeholder  of  the  township  in 
which  the  precinct  is  situate,  and  shall  have  resided  in  said 
township  continuously  for  at  least  one  year  immediately 
prior  thereto,  or  a  resident  householder  and  voter  of  the 
precinct,  and  shall  have  resided  in  said  precinct  contin- 
uously for  at  least  two  years  immediately  prior  thereto. 
The  registration  clerks  at  the  time  of  their  appointment 
shall  be  voters  and  residents  of  the  precinct,  and  they  shall 
not  both  be  adherents  of  the  same  political  party.  The 
registration  inspector  shall  be  appointed  by  the  board  of 
commissioners  of  the  county  at  its  regular  August  session 
preceding  such  election.  The  auditor  shall  notify  him  of  his 
appointment,  and  within  ten  days  after  such  notice  he 
shall  qualify  by  taking  oath  to  support  the  constitution  of 
the  United  States  and  of  the  State  of  Indiana  and  to  faith- 
fully and  honestly  discharge  his  duties  as  such  registration 
inspector,  which  oath  shall  be  in  writing  and  filed  in  the 
auditor's  office  of  the  county.  In  case  such  inspector  should 
fail  to  qualify  within  the  time  prescribed,  his  position  shall 
be  deemed  vacant.  All  vacancies  occurring  in  the  office  of  a 
registration  inspector  shall  be  filled  by  appointment  of  the 
auditor  of  the  county.  The  registration  clerks  of  the  pre- 
cinct shall  be  appointed  by  the  inspector,  not  less  than  five 
(5)  days  before  the  day  of  registration.  The  county  chair- 
man of  each  of  the  political  parties  which  cast  the  highest 
and  next  highest  vote,  respectively,  in  the  county  at  the 
last  preceding  general  election,  shall  have  the  right  to  nomi- 
nate one  of  the  clerks  of  the  registration  for  each  precinct, 
provided  he  do  so  in  writing  at  least  ten  (10)  days  before 
said  session,  and  the  inspector  shall  appoint  the  persons  so 
nominated,  respectively;  Provided,  That  if  either  or  both 
the  chairmen  of  said  political  parties  should  fail  to  so  nomi- 


CONCERNING    ELECTIONS.  99 

nate,  then  the  inspector  shall  appoint  the  clerk  or  clerks 
without  such  nomination.  The  clerks  shall  each  before  en- 
tering upon  the  discharge  of  their  duties,  take  an  oath  in 
writing  to  support  the  constitution  of  the  United  States  and 
the  State  of  Indiana,  and  to  faithfully  and  honestly  dis- 
charge their  duties  as  registration  clerks,  which  oath  shall 
be  returned  by  the  inspector  to  the  auditor  of  the  county 
and  filed  in  the  auditor 's  office  at  the  time  the  inspector  re- 
turns other  papers  hereinafter  required  immediately  after 
the  session  of  said  board.  The  inspector  and  clerks  shall  hold 
their  office  from  the  time  of  their  appointment  until  the  day 
of  the  ensuing  general  election.  The  members  of  such 
registration  board  shall  be  eligible  as  members  of  the  reg- 
ular election  board.    (R.  S.  1914,  Sec.  6977c.) 

28.  Sessions  of  Board. 

Sec.  4.  The  registration  board  of  each  voting  precinct 
of  this  state  shall  hold  in  such  precinct  a  session  in  each 
year  in  which  a  general  election  will  occur.  Such  session  of 
the  board  shall  be  held  on  Monday,  the  29th  day  before  such 
election,  and  shall  be  designated  the  regular  session  of  the 
board.    (R.  S.  1914,  Sec.  6977d.) 

29.  County  Auditor — Registration  Books. 

Sec.  5.  The  auditor  of  each  county  shall  make,  or  cause 
to  be  made,  and  delivered  to  the  registration  inspector  of 
each  precinct  in  the  county,  ten  (10)  days  or  more  before 
the  session  of  the  registration  board,  two  (2)  blank  forms 
of  registration  books  and  a  sufficient  number  of  blank  appli- 
cations for  registration,  and  other  necessary  stationery. 
Each  registration  book  shall  be  covered  with  tag,  have  a 
proper  caption,  with  blanks  to  adjust  it  to  any  precinct,  and 
shall  be  ruled  in  ten  (10)  columns,  headed,  respectively: 
number,  name,  residence ;  where  born,  when  came  to  United 
States,  when  and  where  naturalized,  when  and  where  de- 
clared intention;  where  resided  since  October  last;  re- 
marks; and  shall  contain  a  sufficient  number  of  leaves  to 
allow  for  registration  of  all  voters  in  a  precinct,  with  the 
memoranda  required  to  be  made  after  the  names  as  else- 
where provided  by  this  act,  and  also  for  an  alphabetical  in- 
dex at  the  back  of  the  book  of  the  names  registered,  with 


100  OBWDiAL    LAWfi 

r*eference  to  their  numbei's,  respectively.  The  application 
blanks  shall  be  of  such  form  as  are  suitable  for  their  pur- 
poses under  the  requirements  of  this  act.  (E.  S.  1914, 
Sec.  6977e.) 

30.     Places  for  Registration — Notice. 

Sec.  6.  The  county  commissioners  of  each  county  in  the 
state  shall,  at  least  fifteen  (15)  days  before  the  session  of 
the  board  of  registration  provide  for  and  secure  in  each  pre- 
cinct of  the  county  a  suitable  room  in  which  the  board  shall 
sit  during  its  session,  and,  if  practicable,  they  shall  secure 
the  same  room  in  which  the  election  is  to  be  held.  The  room 
shall  not  be  one  in  which  spirituous,  vinous,  malt  or  other 
intoxicating  liquors  are  kept  or  sold.  The  auditor  of  the 
county  shall  give  ten  (10)  days'  notice  of  the  time  and  place 
of  the  session  of  the  board  of  registration,  by  one  publica- 
tion in  one  newspaper  of  general  circulation  of  each  of  the 
two  political  parties  which  cast  the  highest  vote,  respective- 
ly, in  the  county  at  the  last  preceding  general  election  print- 
ed and  published  in  the  county,  if  such  there  be,  and  he 
shall  cause  to  be  prepared  and  delivered  to  the  registration 
inspector  of  each  precinct  in  the  county,  at  least  ten  (10) 
days  before  the  session  of  the  board  of  registration,  fifteen 
(15)  printed  forms  of  notice  of  the  time  and  place  of  such 
session,  with  blanks  therein  as  to  the  township,  precinct 
and  place  of  the  session,  that  by  filling  the  blanks  the  print- 
ed notices  may  be  suitable  for  any  precinct  in  the  county. 
The  inspector  of  the  precinct  shall  fill  the  blanks,  in  writ- 
ing, properly  for  his  precinct  and  at  least  eight  (8)  days  be- 
fore such  session  of  the  board  post  the  same  in  at  least  ^ve 
(5)  public  places  in  the  precinct  and  in  as  many  other  places 
as  he  may  deem  proper,  or  cause  them  to  be  so  posted.  The 
notices  so  posted  shall  have  for  caption:  ^* Important  no- 
tice to  voters  of  registration,*'  and  in  the  body  the  notice 
shall  state  in  effect  among  other  things :  *  *  Every  voter  of 
the  precinct  is  required  to  register  at  a  session  of  the  board, 
unless  prevented  by  sickness  of  himself,  or  his  unavoidable 
absence  from  the  county,  or  by  reason  of  his  being  quar- 
antined. If  he  fails  to  so  register,  he  will  have  no  right  to 
vote  at  the  November  election.  It  shall  be  the  duty  of  the 
registration  inspector  to  go  to  the  county  auditor's  oflQce, 
at  least  ten  (10)  days  before  the  session  of  the  board,  and 


COJNCEKNIHG     Ea^FjUtX^Up.l  '-'/    .,-'  ^:\  \  '  J  '.  f '\    101 

receive  from  the  auditor  registration  books,  blanks,  and 
other  stationery  for  each  precinct.  When  he  has  received 
the  blank  forms  of  application,  ha  may  place  portions  of 
them  at  such  place  or  places  and  in  such  hands  in  the 
precinct  so  that  voters  therein  may  conveniently  obtain 
them  before  the  day  of  registration.  He  shall  retain  a  suf- 
ficient portion  in  his  own  hands  to  deliver  to  voters  who 
may  apply  for  them  before  such  date,  and  shall  retain  till 
the  day  of  registration,  and  have  at  the  place  of  registra- 
tion on  that  day,  a  sufficient  portion  to  supply  all  voters  of 
the  precinct  that  may  apply  for  them  there.  The  registra- 
tion inspector  shall  cause  the  members  of  the  registration 
board  to  be  furnished  with  good,  plain  and  substantial 
meals  during- the  time  they  are  in  session.  The  expense  of 
registration  and  preparation  therefor,  and  returns  thereof, 
shall  be  paid  out  of  the  county  treasury  by  the  board  of 
commissioners  as  election  expenses  are  paid;  and  the 
county  council  shall,  in  due  season,  make  the  necessary  ap- 
propriations therefor.    (R.  S.  1914,  Sec.  6977f.) 

31.    Qualifications  to  Register. 

Sec.  7.  At  the  session  of  the  board  of  registration  every 
male  person  who,  at  the  time  resides  in  the  precinct  in 
which  he  applies  for  registration,  and  who  will  be  of  the 
age  of  twenty-one  (21)  years  or  upward  at  the  next  ensu- 
ing November  election,  and  is  a  citizen  of  the  United  States, 
or  if  not  a  citizen  of  the  United  States,  who,  if  he  continues 
to  reside  in  the  precinct  till  the  next  following  November 
election,  will  at  that  time  have  resided  in  the  State  of  In- 
diana during  the  six  (6)  months  and  in  the  United  States 
during  the  one  (1)  year  immediately  preceding  such  elec- 
tion, and  who  shall  have  resided  in  the  township  sixty  (69) 
days  and  in  the  ward  or  precinct  thirty  (30)  days  before 
such  election,  if  he  continues  to  reside  in  such  precinct  until 
such  election,  shall  be  entitled,  upon  proper  application,  to 
be  registered  in  such  precinct.  No  other  person  or  persons 
shall  be  entitled  to  be  so  registered.  Nothing  in  this  ^ct 
shall  be  construed  as  qualifying  or  attempting  to  qualify 
any  person  to  vote  at  any  election,  even  though  registered, 
who  would  not  be  so  qualified  if  there  were  no  registration 
act  in  force  in  this  state ;  the  purpose  of  this  act  being  to 
provide  for  and  require  registration  in  addition  to  the  re- 


102  //^  :  ^'  :  ^*:  ^   v'  "^  i       ^   .•tJENERAL    LAWS 

quirements  of  the  election  laws  and  the  constitution  of  the 
State  of  Indiana.     (R.  S.  1914,  Sec.  6977g.) 

32.  Registration  Place  Open — Hours. 

Sec.  8.  The  board  of  registration,  at  its  regular  session, 
shall'be  in  session  for  receiving  applications  and  registering 
names  from  the  hour  of  six  o'clock  a.  m.  till  the  hour  of 
nine  o'clock  p.  m.  and  if  necessary  to  accommodate  the 
voters,  during  like  hours  of  the  next  succeeding  one  or  two 
days,  when  so  requested  in  writing  by  ten  voters  of  the  pre- 
cinct, three  of  whom  shall  be  freeholders. 

When  the  board  closes  its  session  for  the  receipt  of  ap- 
plications, it  shall  remain  in  session  until  it  has  fully  com- 
pleted its  registration  books  and  signed  up  and  certified  the 
same,  and  done  the  other  things  required  in  this  act.  Wlien 
the  board  opens  its  session  for  the  receipt  of  applications, 
each  clerk  of  the  board  of  registration  shall  take  one  of  the 
registration  books  and  register  therein  the  names  in  the  or- 
der of  application,  and  other  things  required  by  this  act. 
(R.S.  1914,  Sec.  6977h.) 

33.  Application  to  Register — Forms. 

Sec.  9.  Before  any  applicant  shall  present  himself  to 
the  board  for*  registration,  he  shall  make,  or  cause  to  be 
made  in  writing,  or  partly  in  writing  and  partly  in  print, 
in  the  English  language,  an  application  showing  the  follow- 
ing :  His  name ;  that  he  resides  in  the  precinct  in  which  he 
desires  to  be  registered;  the  place  of  his  residence  in  the 
precinct;  his  age  on  the  last  preceding  anniversary  of  his 
birthday ;  if  born  in  the  United  States,  in  what  state,  terri- 
tory or  district  he  was  born ;  if  not  born  in  the  United  States, 
in  what  country  he  was  born;  if  foreign  born,  whether  he 
has  been  naturalized  under  the  laws  of  the  United  States, 
and,  if  so,  when  and  where  naturalized ;  if  foreign  born  and 
not  naturalized,  whether  he  has  declared  his  intention  to 
become  a  citizen  of  the  United  States  conformably  with  the 
laws  thereof  on  the  subject  of  naturalization;  if  so,  when 
and  where;  if  foreign  born  and  not  naturalized,  when  he 
came  to  the  United  States ;  at  what  place  or  places  he  has 
resided  during  all  the  time  since  the  last  day  of  the  preced- 
ing registration,  and  the  length  of  time  he  has  resided  i: 


I 


CONCERNING    ELECTIONS.  lOS 

each  place,  if  more  than  one.  In  such  application,  it  shall 
be  a  sufficient  showing  of  the  place  in  the  precinct  at  which 
the  applicant  resides,  if  situate  outside  of  a  town  or  city,  if 
it  show  the  name  of  the  owner  or  reputed  owner  of  the 
real  state  on  which  the  applicant  resides,  and,  if  inside  a 
city  or  town,  if  it  show  the  street  and  street  number  of  the 
house  in  which  he  resides,  and  if  his  residence  has  no  street 
number,  if  it  show  the  character  of  the  house,  as  to  whether 
frame,  brick,  or  other  material,  one  or  more  stories,  on  what 
street  or  alley  it  is  situate,  and  on  which  side  thereof,  and 
the  nearest  cross  streets  between  which  it  is  situate.  If  a 
native-born  applicant  or  a  citizen  of  the  United  States,  by 
reason  of  the  naturalization  of  his  father,  residing  outside 
of  a  city  or  town,  a  form  of  application  after  the  manner  of 
the  following  shall  be  sufficient : 

: ,19-- 

My  name  is  John  Doe.  I  reside  in  precinct  No.  2,  Warren 
Township,  Marion  County,  Indiana,  on' land  known  as  Rich- 
ard Eoe  's.  I  was  fifty  years  of  age  on  the  10th  day  of  Jan- 
uary, 1912.     Since  the  last  registration  I  have  resided  at 

the  following  places : 

I  was  born  in  the  State  of  Ohio  (or  my  father  was  natural- 
ied  as  a  citizen  of  the  United  States  when  I  was  a  minor). 

Signature 

If  a  foreign-born  applicant,  who  has  not  been  natural- 
ized, but  has  declared  his  intention,  and  resides  in  a  town 
whose  houses  have  no  street  numbers,  the  following  shall 
be  a  sufficient  form : 

,19... 

My  name  is  John  Doe.    I  reside  in  precinct  No.  2,  ward 

No.  3,  in  the  town  of ,  in  Hancock  County, 

Indiana,  in  a  two-story  frame  house,  situate  on  Spruce 
street  and  on  the  west  side  thereof,  between  Fourth  and 
Fifth  streets.  I  was  fifty  (50)  years  of  age  on  the  10th  day 
of  January,  1912.  I  was  born  in  Germany.  I  arrived  in 
the  United  States  on  the  4th  day  of  September  1910.  I  de- 
clared my  intention  to  become  a  citizen  of  the  United  States 
conformably  to  the  laws  thereof  touching  naturalization,  at 
Columbus,  Ohio,  on  the  15th  day  of  September,  1911.  I 
have  resided  in  the  United  States  continuously  since  Oc- 


104  GENERAL    LAWS 

tober  31  last  at  the  following  places :  From  October,  1911, 
to  January  1,  1912,  at  Columbns,  Ohio;  from  January  1, 
1912,  to  February  1,  1912,  at  Cincinnati;  Ohio ;  from  Febru- 
ary 1,  1912,  until  the  present  time  at  the  place  where  I  now 

reside.  Signature 

(R.  S.  1914,  Sec.  6977i.) 

34.  Written  Signatures  or  Mark. 

Sec.  10.  Every  application  for  registration  shall  be 
signed  with  the  name  of  the  applicant  in  his  own  handwrit- 
ing and  in  the  English  language,  if  he  be  able  to  write  his 
name  in  the  English  language,  and,  if  not,  then  in  any  lan- 
guage that  he  may  be  able  to  write.  If  he  is  not  able  to  write 
in  any  language,  he  may  procure  some  resident  of  the  tovvm- 
ship  to  write  his  name  for  him,  and  he  shall  make  his  mark. 
But  the  person  so  writing  his  name  shall  also  write  his  own 
name  on  the  instrument  as  attesting  witness.  It  shall  be 
unlawful  for  any  person  to  write  the  name  of  an  applicant 
to  an  application  unless  he  is  personally  acquainted  with 
such  applicant,  and  if  he  writes  the  name  of  an  applicant 
to  an  application,  he  must  write  his  own  name  in  attesta- 
tion.   (R.  S.  1914,  Sec.  6977J.) 

35.  Application  in  Person. 

Sec.  11.  In  order  to  become  registered  the  applicant 
shall,  unless  he  is  sick,  quarantined,  or  unavoidably  absent 
from  the  county,  appear  in  person  and  announce  his  name 
to  the  board  and  present  his  application.  The  board  shall 
take  the  application  and  observe  if  it  be  signed  with  his 
name.  If  so  signed  but  not  attested,  any  member  of  the 
board  may  inquire  of  him  if  the  name  is  in  his  handwriting 
and  if,  after  such  inquiry,  the  board  or  any  member  thereof 
feels,  that  they,  or  he,  has  reason  to  doubt  whether  the  sig- 
nature is  in  the  handwriting  of  the  applicant,  the  board  may 
require  him  to  write  his  name  in  their  presence  on  the  back 
of  the  application.  If  the  applicant  state  that  the  signature 
is  in  his  handwriting,  or,  when  required,  write  his  name  on 
the  back  thereof  in  the  presence  of  the  board,  or  if  it  appear 
that  the  application  is  duly  signed  and  attested,  his  name 
shall  then  be  written  in  both  of  the  registration  books  in  the 
column  of  registration  and  numbered  in  its  regular  order, 


OOUGBRNINQ    ELEOTIOITS.  105 

and  both  clerks  shall  endorse  their  initials  on  the  back  of 
the  application,  and  it  shall  be  numbered  to  correspond  with 
the  number  of  the  registry  name,  and  the  board  shall  an- 
nounce to  the  applicant  the  number  of  his  name.  The  ap- 
plicant shall  then  retire.  If  there  be  other  applicants  ready 
to  register,  the  board  shall  proceed  with  them  in  the  same 
manner.    (E.  S.  1914,  Sec.  6977k.) 

36.  Books — Filling  in  Data. 

Sec.  12.  At  any  time  during  the  day  when  the  time  of 
the  board  is  not  taken  in  receiving  applications  and  writing 
the  names  in  the  registration  books,  etc.,  the  clerks  may  pro- 
ceed to  fill  out  the  various  columns  of  their  registration 
books  by  inserting  in  the  proper  column,  after  each  name, 
the  data  contained  in  the  apiDlication,  and  indicated  by  the 
heading  of  the  columns ;  and,  when  the  board  is  closed  for 
the  receipt  of  applications  in  the  evening,  it  shall  remain  in 
session  until  the  clerks  have  completed  both  registration 
books  by  inserting  in  the  columns  thereof  from  each  applica- 
tion, the  data  which  there  belongs ;  and  on  each  book,  im- 
mediately below^  the  last  name  registered,  they  shall  each 
day  place  this  certificate  which  shall  be  signed  by  the  mem- 
bers of  the  board : 

^'The  above  is  a  correct  registration  of  all  applications 

received  by  the  board  of  registration,  for  the 

precinct,  in  the  city  or  town  of township 

in  the  county ,  at  its  session,  and  on  the 

day  of ,19....'^ 

And  the  board  shall  arrange  all  applications  received  in 
regular  order  as  to  number  and  securely  enclose  the  same  in 
a  paper  wrapping,  and  endorse  the  same  as  applications  re- 
ceived at  the  session  of  the  board  of  registration,  of  the 
precinct,  city  or  town,  and  township  (naming  them).  The 
inspector  shall  take  charge  of  the  registration  books  and  all 
said  packages  and  within  two  days  deliver  them  to  the  audit- 
or of  the  county  in  his  office.    (R.  S.  1914,  Sec.  69771.) 

37.  County  Auditor— Custody  of  Books. 

Sec.  13.  The  auditor  of  the  county  shall  keep  said  regis- 
tration books  and  packages  in  his  office  in  such  place  or  re- 
ceptacles as  they  will  be  secure ;  he  shall  in  no  event  allow 


106  GENERAL    LAWS 

any  of  them  to  be  taken  from  his  office  except  as  provided  by 
this  act.  But  at  least  one  of  the  registration  books  shall  be 
open  to  examination  by  the  public  and  to  be  copied  from  as 
any  other  public  record.    (R.  S.  1914,  Sec.  6977m.) 

38.    Voters  Absent — Registration  by  Affidavit. 

Sec.  14.  Any  person  who  will  be  entitled  to  vote  at  such 
election  and  who  on  the  day  and  at  the  time  of  such  regular 
registration  is  unable  to  register  at  such  session  of  said 
board  of  registration,  by  reason  of  the  sickness  of  himself, 
or  by  reason  of  his  unavoidable  absence  from  the  county,  or 
oy  reason  of  his  being  quarantined,  shall  be  entitled  to  regis- 
ter, without  appearing  before  the  board  of  registration  in 
person,  by  making  a  similar  application  to  what  would  be  re- 
quired of  him  if  he  was  applying  for  registration  to  the 
board  of  registration  in  person,  as  provided  in  section  nine 
of  this  act,  and,  in  addition,  he  shall  state  in  such  application 
that  on  the  day  and  at  the  time  of  the  regular  session  of  the 
board  of  registration  of  his  precinct,  he  is,  or  will  be,  un- 
avoidably absent  from  the  county,  stating  his  whereabouts 
on  the  day  or  days  of  registration,  or  is  sick,  or  is  quaran- 
tined, as  the  case  may  be,  and  that  thereby  and  by  reason 
thereof  he  is  prevented  from  registering  in  person  at  said 
session  of  said  board.  Such  application  shall  be  signed  and 
sworn  to  by  such  applicant  before  an  officer  authorized  by 
law  to  administer  oaths  and  having  an  official  seal ;  and  two 
freeholders  residing  in  such  precinct  shall  certify  on  said 
application  that  they  are*  acquainted  with  such  applicant, 
and  that  he  is  the  person  he  represents  himself  to  be  and 
that  the  facts  stated  in  his  application  are  true.  Such  appli- 
cation when  so  certified  and  sworn  to  shall  be  delivered  to 
the  board  of  registration  of  the  precinct  in  which  said  appli- 
cant resides  by  any  registered  voter  of  the  precinct  on  the 
29th  day  before  such  election  during  the  time  said  board  is 
sitting  for  the  purpose  of  receiving  applications  to  register, 
and  if  such  board  find  that  such  application  conforms  to  the 
provisions  of  this  act,  they  shall  place  the  name  of  such 
applicant  on  the  registration  books  in  the  same  manner  as  if 
the  application  had  been  presented  in  person,  as  provided  in 
this  act.  Any  person  who  shall  make  a  false  statement  in  his 
affidavit  as  to  his  qualifications  as  a  voter  or  as  to  the  cause 
of  his  inability  to  appear  before  such  board  and  register  ii 


I 


CONCERNING    ELECTIONS.  107 

person,  and  any  person  who  shall  certify  to  facts  contained 
in  any  application  to  register  as  provided  in  this  act,  which 
facts  are  not  true,  shall  be  guilty  of  a  felony,  and  upon  con- 
viction shall  be  imprisoned  for  not  less  than  one  year,  nor 
more  than  ^ve  years,  and  fined  in  any  sum  not  exceeding 
five  hundred  dollars,  and  disfranchised  for  any  determinate 
period.    (R.  S.  1914,  Sec.  6977n.) 

39.  Compensation  of  Board. 

Sec.  15.  The  inspector  of  registration  shall  receive  for 
his  services  in  and  about  said  registration  performed  in- 
cluding the  services  required  to  be  performed  by  him,  both 
before  and  after  the  day  of  registration,  the  sum  of  three 
dollars  ($3.00)  and  in  addition  thereto  he  shall  be  paid  a 
sum  equal  to  ten  cents  per  mile  for  each  mile  of  the  shortest 
distance  between  his  residence  and  the  auditor  ^s  office.  The 
clerks  of  such  board  shall  receive  for  all  services  performed 
by  them  the  sum  of  three  dollars  ($3.00) :  Provided,  That  if 
such  board  of  registration  is  in  session  for  the  purpose  of 
registration  for  two  or  more  successive  days,  then  each 
member  of  said  board  shall  receive  an  additional  three  dol- 
lars for  each  of  such  succeeding  days.  (R.  S.  1914,  Sec. 
69770.) 

40.  Watchers. 

Sec.  16.  While  the  registration  board  is  in  session,  it 
shall  permit  to  be  in  the  room  one  person  as  watcher  from 
each  political  party  in  the  county,  if  such  person  have  writ- 
ten authority  from  the  county  chairman  of  such  party.  The 
board  shall  not  permit  more  than  three  persons  to  be  in  the 
room  at  any  one  time,  other  than  the  watchers  and  members 
of  the  board.    (R.  S.  1914,  Sec.  6977p.) 

41.  Police  Powers. 

Sec.  17.  Each  member  of  the  board  of  registration, 
while  in  session,  shall  be  a  conservator  of  the  peace,  and 
shall  have  the  right  to  arrest  any  person  who  creates  any 
disturbance  in  or  around  the  room  of  the  board,  or  offers 
any  interference  with  the  work  of  the  board  or  people  ap- 
pearing for  the  purpose  of  registration,  or  who  violates  any 


108  GENERAL    LAWS 

law  of  the  state  in  the  presence  or  hearing  of  the  board  and 
he  shall  have  the  right  to  command  bystanders  to  assist  in 
making  such  arrest  and  in  detaining  such  person  until  a 
warrant  can  be  obtained  for  him.     (R.  S.  1914,  Sec.  6977q.) 

42.  False  Registration — Penalty. 

Sec.  18.  It  shall  be  unlawful  for  any  person  who  is 
not  a  voter,  and  who  will  not  be  a  voter  at  the  next  ensu- 
ing general  election,  to  apply  for  registration  in  any  elec- 
tion precinct  in  this  state,  or  to  procure  himself  to  be 
registered  thereat  as  a  voter;  and  it  shall  be  unlawful  for 
any  person  to  make  any  false  statement  in  any  application 
that  he  may  present  to  the  board  of  registration  for  the 
purpose  of  procuring  himself  to  be  registered,  and  it  shall 
be  unlawful  for  him  to  present  any  application  containing 
a  false  statement.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall,  on  conviction  be  imprisoned 
not  less  than  one  (1)  year  nor  more  than  five  (5)  years  and 
fined  in  any  sum  not  more  than  five  hundred  dollars 
($500.00),  and  disfranchised  for  any  determinate  period. 
(R.  S.  1914,  Sec.  6977r.) 

43.  Subscribing  Name  of  Other  Person — Penalty. 

Sec.  19.  It  shall  be  unlawful  for  any  person  to  subscribe 
the  name  of  any  other  person  to  any  application  for  regis- 
tration in  any  precinct  of  this  state,  if  such  person  knows 
such  application  to  contain  a  false  statement,  and  it  shall 
be  unlawful  for  any  person  to  subscribe  the  name  of  any 
other  person  to  any  such  application  for  registration  with- 
out writing  his  own  name  thereon  as  an  attesting  witness. 
And  it  shall  be  unlawful  for  any  person  other  than  a  mem- 
ber of  said  board  of  registration,  to  enter  a  name  on  said 
registration  books.  Any  person  convicted  of  violation  of 
any  provision  of  this  section  shall  be  imprisoned  not  less 
than  one  (1)  year  nor  more  than  five  (5)  years  and  fined 
in  any  sum  not  exceeding  five  hundred  dollars  ($500.00)  > 
and  disfranchised  for  any  determinate  period.  (R.  S.  1914, 
S^c.  6977s.) 

44.  Board  Making  False  Registration — Penalty. 

Sec.  20.  Any  member  of  the  board  of  registration  or 
any  public  officer,  upon  whom  any  duty  is  imposed  by  this 


(»NOJEBNINO     ELKOTIONS. 


109 


act,  who  shall  wilfully  neglect  to  perform  such  duties,  or  di-^ 
any  act  prohibited  herein  for  which  punishment  is  not  other- 
wise provided,  shall  be  deemed  guilty  of  a  felony,  and  upon 
conviction  shall  be  punished  by  imprisonment  for  not  less 
than  six  months  nor  more  than  three  years,  and  by  a  fine 
of  not  less  than  fifty  dollars  ($50.00)  nor  more  than  five 
hundred  dollars  ($500.00),  and  be  disfranchised  and  reii 
dered  ineligible  of  holding  any  office  for  any  determinate 
period  not  less  than  five  years.     (R.  S.  1914,  Sec.  6977t.) 

45.  Books  and  Papers  at  Election  Polls. 

Sec.  21.     At  the  time  tickets  and  other  supplies  are  vv 
ceived  by  the  inspector  of  the  elections  for  the  November 
election,  he  shall  also  receive  from  the  auditor  the  registra- 
tion  books,   registration   applications     and   affidavits    re 
turned  by  the  registration  board,  and  shall  have  those  pres 
ent  at  the  election  precinct  on  the  day  of  the  election,  and 
within  three  days  thereafter  shall  return  them  to  the  au- 
ditor.    (R.  S.  1914,  Sec.  6977u.) 

46.  Challenge — ^Non-registration. 

Sec.  22.  In  addition  to  the  grounds  of  challenge  of  a 
voter  or  proposed  voter  at  the  election,  it  shall,  hereafter, 
be  a  ground  of  challenge  that  the  person  offering  to  vote  is 
not  registered.  The  person  so  challenged,  shall  not  be  pei- 
mitted  to  vote  until  he  make  and  present  an  affidavit  that  he 
is  registered  and  that  he  is  the  identical  person  w^ho  is  regis- 
tered under  the  name  under  which  he  Intends  to  vote.  Up- 
on such  challenge,  the  election  officers  of  the  precinct  shall 
inspect  the  application  for  registration,  and  if  they  be  sat- 
isfied that  the  affidavit  of  such  person  is  false,  they  shall 
order  his  arrest  at  once :  Provided,  That  no  person  shall 
be  allowed  -by  the  officers  to  vote  at  the  election  whose  name 
is  not  registered,  even  though  there  be  no  challenge  on  that 
ground.     (R.  S.  1914,  Sec.  6977v.) 

47.  City  Registration. 

Sec.  23.  In  an  election  in  any  city  of  the  first  or  second 
class  of  this  state,  there  shall  be  required  a  registration 
of  voters,  complying  with  the  provisions  of  this  act;  except 


110  GENERAL    LAWS 

that  in  the  registration  of  voters  therein  the  inspector  of 
registration  shall  be  appointed  by  the  clerk  of  the  city  and 
the  clerk  of  the  city  shall  perform  all  the  duties  required 
by  this  act  of  the  auditor  of  the  county.  The  duties  herein 
required  of  the  board  of  commissioners  shall  be  performed 
by  the  city  council,  and  the  rights  of  nomination  of  regis- 
tration officers  by  chairmen  of  political  parties  of  the  coun- 
ty in  this  act,  may  be  exercised  by  chairmen  of  the  city 
committees  of  the  political  parties,  if  such  there  be.  The 
city  officers  shall  be  required  to  perform  the  various  duties 
herein  prescribed  for  the  county  officers  in  whose  stead  they 
act,  subject  to  the  same  penalties  and  provisions  herein  pre- 
scribed as  to  such  county  officers.  The  city  shall  appro- 
priate for  and  defray  the  expenses  of  such  registration,  in 
the  same  manner  as  it  defrays  the  expense  of  a  city  elec- 
tion.   (R.  S.  1914,  6977w.) 

48.    Petition  for  September  Session. 

Sec.  24.  That  upon  a  petition  signed  by  three  hundred 
(300)  resident  freehold  voters  of  any  county  filed  with  the 
county  auditor  at  least  eighty  (80)  days  before  such  election 
there  shall  be  held  in  each  precinct  of  such  county  a  session 
of  the  board  of  registration  of  one  day  only  on  the  fifty- 
ninth  (59th)  day  before  such  election,  which  session  shall 
be  known  as  the  September  session  of  said  board:  Pro- 
vided, further  J  That  except  as  in  this  section  otherwise  pro- 
vided, all  the  provisions  of  this  act  concerning  the  regular 
session  of  said  board  of  registration  shall  so  far  as  applic- 
able apply  to  such  September  session  if  petitioned  for  and 
held.  The  qualifications  of  the  persons  signing  such  peti- 
tion shall  be  verified  by  one  or  more  of  such  signers :  Any 
person,  having  registered  at  such  September  registration 
and  registering  also  at  the  regular  session  shall  in  his  ap- 
plication at  the  regular  session  state  in  what  precinct  h^fl 
registered  at  the  September  session,  and  shall  produce  and 
deliver  to  the  inspector  at  the  regular  session  a  copy  of  the 
record  of  his  registration  at  the  September  registration, 
certified  under  the  hand  and  seal  of  the  auditor  of  the  coun- 
ty where  registered.  Such  auditor  shall  deliver  such  cer- 
tificate to  such  person  only  upon  such  person  filling  an  ap-|l| 
plication  in  writing  stating  that  since  the  last  registration 

I 


CONCERNING    ELECTIONS.  Ill 

he  has  changed  his  residence  from  the  precinct  where  regis- 
tered, and  the  auditor  shall  make  a  note  thereof  on  each 
registration  book  of  the  precinct  were  such  person  regis- 
tered at  such  September  registration.  (R.  S.  1914,  Sec. 
6977x.) 

49.  Repeal. 

Sec.  25.  To  the  extent  that  any  law  heretofore  passed 
is  in  conflict  with  the  provisions  of  this  act,  the  same  is  here- 
by repealed.  The  act  entitled  *'An  act  providing  for  regis- 
tration of  voters,  and  matters  connected  therewith,"  ap- 
proved March  4,  1911,  is  hereby  expressly  repealed. 

50.  Validity  of  Act. 

Sec.  26.  In  case  any  of  the  provisions  of  this  act  shall 
be  held  invalid,  such  fact  shall  not  operate  to  make  invalid 
any  other  part  of  this  act,  and  the  parts  of  this  act  not 
adjudged  to  be  invalid  shall  be  observed  and  enforced  the 
same  as  though  the  invalid  part  or  parts  had  not  been  en- 
acted.    (R.  S.  1914,  Sec.  6977y.) 


112 


&BVSRAh    LAWB 


CHAPTER  3. 


ELECTIONS. 


ABT, 

1.  General  electioM. 

2.  Special  elections. 

3.  Township  elections. 

4.  Recounting. 


ART. 

6. 


Contest. 

Corrupt  Practices  Act. 
Additional  provisions  to  secure  purity  of 
elections. 


ARTICLE  1.     GENERAL  ELECTIONS. 


SBC. 

51. 
52. 
53. 
54. 
55. 
56. 
57. 
58. 
59. 
60. 
61. 
62. 
63. 
64. 
65. 
66. 
67. 
68. 
69. 
70. 
71. 
72. 
73. 
74. 
75. 
76. 
77. 
78. 
79. 
80. 
81. 
82. 
83. 
84. 

85. 
86 
87 


97 


100. 
101. 
102. 
103. 
104. 
105. 
106. 
107. 
108. 
109. 
110. 
111. 


When  held— What  offices  filled. 

Certificate  of  clerk — Notice  of  sheriff. 

Qualifications  of  electors. 

Who  disfranchised. 

Soilders,  seamen  and  marines. 

Residence. 

Elector's  freedom  from  arrest. 

Betting  on  election. 

Precincts. 

Boundaries  of  precinct — Changes. 

Election  of  officers. 

Inspectors  and  election  board. 

Poll  clerks. 

Blank  forms. 

Officers'  oaths. 

Administering  oaths. 

Duties  of  inspector. 

Ballot  boxes. 

Ballot  boxes — How  constructed — Keys. 

Opening  Polls — Closing. 

Where  elector  votes. 

Polling  precincts. 

Giving  information  to  poll  takers. 

List  of  voters. 

Withholding  information — Peailty. 

Deceiving  poll  taker— Penalty. 

Returning  fictitious  names — Penalty . 

Proclamation  of  opening  polls. 

"Election  sheriffs." 

State  board  of  election  commissioners. 

County  board  of  election  commissioners. 

Board's  duties. 

Superior  court — Election  of  judges. 

Signatures  to  petition   must   be   acknowl- 


Preservation  of  petitions. 

When  to  be  filed. 

Governor's  certificate. 

Resignations  of  nominees. 

Constitutional  amendments. 

Form  of  ballot. 

Nominee's  name  on  ballot  but  once. 

Candidate  to  elect  nomination. 

Resignations  of  candidate^ — Vacancy . 

Vacancy  in  nominations. 

Printer's  duties— Penalty. 

Distributing  ballots. 

Clerk's  allowance^Special  messenger. 

Permitting  ballots  to  be  taken  away— Pen- 
alty. 

Taking  ballots  away — Penalty. 

Distribution  of  ballots. 

Opening  packages — Clerk's  initials. 

Cards — Instructions — Posting  up  .ballots. 

Special  messenger. 

Failure  of  inspector  to  appear. 

Ballots  lost. 

Destroying  ballots  not  used — Record. 

Rooms — Booths. 

Challengers — Who  may  stand  near  polls. 

Arrest  of  illejfal  voter. 

Perjury,  false  affidavit. 

Election  holidays — Preventing  employes 
voting. 


SEC. 

112. 
113. 
114. 

115. 
116. 
117, 

118. 
119. 


121. 
122. 

123. 
124. 
125. 

126. 
127. 
128. 
129. 
130. 

131. 
132. 
133. 
134. 
135. 
136. 
137. 
138. 
139. 
140. 
141. 
142. 
143. 
144. 
145. 
146. 
147. 
148. 
149. 
150. 
151. 
152. 
153. 
154. 

155. 
156. 
157. 
158. 
159. 
160. 
161. 
162. 
163. 

164. 
165. 


Manner  of  voting. 

"Paster  ballots." 

Number    of    persons    in    booths— Spoiling 
ballots. 

Illiterate  voters. 

Distinguishing  marks — Penalty. 

Taking  ballots  from  election  room — Pen- 
alty. 

Counting  and  destroying  ballots. 

Election — Canvass  and  count — Ballots  pre- 
served. 

Penalties  for  violating  election  law. 

Penalty  for  clerk,  inspector  or  messenger, 

Enterincr  election  room — Remaining  close 
to  poll?. 

Inducing  voter  to  put  mark  on  his  ballot. 

Revealing  how  elector  voted. 

Inducing  member  of  board  to  violate  this 
act. 

Removing  or  destroying  election  supplies. 

Electioneering— Revealing  vote. 

Officer  violating  his  duty. 

Constitutional  amendments. 

Constitutional  amendments — Political  par 
ty  action. 

Ballots— Form. 

Marking  of  ballot. 

Election  laws  applied. 

Voting  machines. 

Preservation  of  affidavits. 

Township  and  county  elections. 

City  and  town  elections. 

Holidays. 

Laws  repealed. 

Duty  of  board. 

Adjournments  forbidden. 

Meals  for  election  officers. 

Certificate  of  judges. 

Care  of  ballots  and  papers. 

Inspector — County  and  city  clerk — Duties, 

Clerk's  and  trustee's  duties. 

Board  of  canvassers. 

Chairman — Clerk. 

Clerical  assistants. 

Board's  duties. 

Certificates. 

Tie  vote. 

Defective  papers — Duty  of  board. 

Evidence — When    heard — Witness    in    C( 
tempt. 

Disputes — Decision  by  circuit  judge. 

Certificate  of  election. 

Defectrve  returns — Commissions. 

Certificates  of  votes  for  legislators. 

Certificate  of  election  of  legislators. 

Tie  vote  for  legislators. 

Certificate  to  secretary  of  etate. 

Duty  of  secretary  of  state. 

Secretary  of  state  and  governor,     as   to 
congressmen. 

Clerk's  duty  as  to  election  of  governor. 

Pay  of  officers. 


[1881,  S.,  p.  482.    Approved  April  21,  188L     In  force  September  19,  1881.] 


I 


OOKOEBWIHO    ELJ50T10W8.  113 

51.  When  Held— What  Offices  Filled. 

1.  A  general  election  shall  be  held  on  the  first  Tues- 
day after  the  first  Monday  in  November  in  the  year  one 
thousand  eight  hundred  and  eighty-two,  and  biennially 
thereafter  on  the  same  day,  at  which  election  all  existing 
vacancies  in  office,  and  all  offices  the  terms  of  which  will  ex- 
pire before  the  next  general  election  thereafter,  shall  be 
filled,  unless  otherwise  provided  by  law.  (R.  S.  1908  and 
1914,  §6874;  R.  S.  1901,  §6190;  R.  S.  1897,  §6480;  R.  S.  1894, 
§6190;R.S.  1881,  §4678.) 

52.  Certificate  of  Clerk— Notice  of  Sheriff. 

2.  The  Clerk  of  the  Circuit  Court  shall,  at  least  twenty 
days  before  such  election,  certify  to  the  Sheriff  of  his  county 
what  officers  are  to  be  elected;  and  such  Sheriff  shall  give 
fifteen  days'  notice  thereof,  by  posting  up,  at  all  usual 
places  of  holding  such  elections,  a  copy  of  such  certificate, 
and  by  one  publication  thereof  in  some  newspaper  of  his 
county,  if  any  there  be,  and  by  delivering  a  copy  thereof  to 
the  Township  Trustee  of  each  township  within  the  county. 
But  no  election  shall  be  invalidated  by  the  failure  of  such 
Clerk  or  Sheriff  in  the  performance  of  any  of  the  duties  en- 

fjoined  by  this  section.  (R.  S.  1908  and  1914,  §6875;  R.  S. 
;i901,  §6191;  R.  S.  1897,  §6481;  R.  S.  1894,  §6191;  R.  S.  1881, 
§4679.)  (This  notice  should  also  notify  the  voters  that  the 
question  of  a  constitutional  convention  will  be  voted  upon 
at  the  general  election  held  November  3,  1914.  See  Acts 
11913,  p.  814.) 

)3.    Qualifications  of  Electors. 

3.  All  elections  shall  be  free  and  equal,  and  in  all  elec- 
tions every  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  resided  in 
this  State  during  the  six  months,  in  the  township  sixty  days, 
and  in  the  ward  or  precinct  thirty  days  immediately  pre- 
ceding such  election;  and  every  male  of  foreign  birth,  of 
the  age  of  twenty-one  years  and  upwards,  who  shall  have 
resided  in  the  United  States  one  year,  and  shall  have 
resided  in  this  State  during  the  six  months,  in  the  township 
sixty  days,  and  in  the  ward  or  precinct  thirty  days  imme- 
diately preceding  such  election,  and  shall  have  declared 

8—1770 


114  GENERAL    LAWS 

his  intention  to  become  a  citizen  of  the  United  States,  con- 
formable to  the  laws  of  the  United  States  on  the  subject  of 
naturalization,  shall  be  entitled  to  vote  in  the  township  or 
precinct  where  he  may  reside.  (R.  S.  1908  and  1914,  §6876; 
E.  S.  1901,  §6192;  R.  S.  1897,  §6482;  R.  S.  1894,  §6192;  R.  S. 
1881,  §4680.) 


54.    Who  Disfranchised. 

4.  Every  person  undergoing  a  sentence  of  imprison- 
ment on  conviction  for  any  felony  or  misdemeanor  shall  be 
disfranchised  during  the  period  of  such  imprisonment.  (R. 
S.  1908  and  1914;  §6877;  R.  S.  1901,  §6193;  R.  S.  1897;  §6483 
R.  S.  189-4,  §6193;  R.  S.  1881,  §4681.) 


I 


I 


55.  Soldiers,  Seamen  and  Marines. 

5.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy 
of  the  United  States  or  of  their  allies,  shall  be  deemed  to 
have  acquired  a  residence  in  the  State  in  consequence  of 
having  been  stationed  within  the  same;  nor  shall  any  such 
soldier,  seaman,  or  marine  have  the  right  to  vote.  (R.  S. 
1908  and  1914,  §6878;  R.  S.  1901,  §6194;  R.  S.  1897,  §6484; 
R.  S.  1894,  §6194;  R.  S.  1881,  §4682.) 

56.  Residence.  ^' 

6.  No  person  shall  be  deemed  to  have  lost  his  residence 
in  the  State  by  reason  of  his  absence  either  on  business  of 
this  State  or  of  the  United  States.  (R.  S.  1908  and  1914, 
§6879;  R.  S.  1901;  §6195;  R.  S.  1897,  §6485;  R.  S.  1894,  §6195 
R.  S.  1881,  §4683.) 


57.    Elector's  Freedom  from  Arrest. 

7.  In  all  cases,  except  treason,  felony  and  breach  of  the 
peace,  electors  shall  be  free  from  arrest  in  going  to  election, 
during  their  attendance  there,  and  in  returning  from  the 
same.  (R.  S.  1908  and  1914,  §6880;  R.  S.  1901;  §6196;  R.  S. 
1897,  §6486;  R.  S.  1894,  §6196;  R.  S.  1881,  §4684.) 

[1857,  p.  35.    Approved  March  4,  1857.     In  force  August  24,  1857.] 


I 


58.    Betting  on  Election. 

1.     Any  person  who  shall  bet  or  wager  any  money  or 
other  valuable  property  on  the  result  of  any  election  in  thii 


1 


CONCERNING    ELECTIONS.  115 

or  any  other  State,  shall,  upon  conviction  thereof,  forfeit 
and  pay  to  the  State  of  Indiana,  for  the  benefit  of  the  com- 
mon school  fund,  any  sum  not  less  than  the  amount  so  bet 
or  wagered,  nor  more  than  twice  said  amount.  (E.  S.  1908 
and  1914,  §6881;  E.  S.  1901,  §6197;  E.  S.  1897,  §6487;  E.  S. 
1894,  §6197;  E.  S.  1881,  §4685.) 

[1907,  p.  659.    Approved  March  l.S,  1907.    In  force  April  9,  1907.] 

59.    Precincts. 

1.  The  County  Commissioners  of  each  county  in  this 
State  shall,  at  their  first  session  after  the  taking  effect  of 
this  act,  divide  the  townships  of  their  respective  counties 
into  election  precincts,  and  establish  the  boundaries  of  the 
same.  Such  Board  of  Commissioners  shall  designate  at 
least  one  place  of  holding  elections  in  each  precinct,  and 
every  township  in  which  only  one  place  of  holding  election 
is  designated  shall  constitute  a  precinct.  Each  precinct 
shall  contain,  as  nearly  as  practicable,  two  hundred  and 
fifty  electors,  based  on  the  number  of  votes  cast  at  the  last 
election  for  presidential  electors,  but  no  precinct  shall  con- 
tain more  than  two  hundred  and  fifty  electors.  If  at  any 
election  hereafter,  two  hundred  and  fifty  or  more  votes 
should  be  cast  at  any  voting  place,  it  shall  be  the  duty  of 
the  Inspector  in  such  precinct  to  report  the  same  to  the 
Board  of  County  Commissioners,  who  shall  at  their  next 
regular  meeting  divide  such  precincts  as  nearly  as  possible, 
so  that  the  precincts  formed  thereof  shall  each  contain 
two  hundred  and  fifty  electors  as  nearly  as  practicable,  but 
no  precinct  shall  contain  more  than  two  hundred  and  fifty 
electors,  and  report  such  division  to  the  Clerk  of  the  Cir- 
cuit Court  of  each  county  and  to  the  Governor  of  the  State, 
together  with  the  estimated  votes  of  each  of  the  new  pre- 
cincts. If  twenty-five  electors  of  any  township  in  which 
there  is  only  one  voting  precinct  where  there  were  two  hun- 
dred votes  cast  at  the  last  election  for  presidential  electors, 
shall  by  their  written  petition,  addressed  to  the  Board  of 
County  Commissioners  represent  that  it  will  be  to  the  con- 
venience of  the  public  and  for  the  public  good  to  change, 
divide  or  consolidate  such  precinct,  and  if  the  Board  of 
Commissioners  shall  be  convinced  that  it  will  be  to  the  con- 
venience of  the  public  or  for  the  public  good  to  change,  di- 


116  OKinBBAL    LAWS 

vide  or  consolidate  such  precinct,  such  Board  shall  make 
an  order  to  change,  divide  or  consolidate  such  precinct  as 
they  may  think  best,  and  shall  report  such  change,  division, 
or  consolidation  to  the  Clerk  of  the  Circuit  Court  of  such 
county,  and  to  the  Governor  of  the  State,  together  with  the 
estimated  votes  of  each  of  the  new  precincts.  If  such  Board 
shall  fail  to  act  as  herein  elected,  any  qualified  voter  of  the 
county  may  apply  for  a  writ  of  mandamus,  to  compel  the 
performance  of  this  duty:  Provided,  however,  That  noth- 
ing contained  in  this  act  shall  apply  to  any  county  in  this 
State  wherein  they  use  *  Noting  machines. '^  (R.  S.  1908 
and  1914,  §6882;  R.  S.  1901,  §6198;  R.  S.  1897,  §6488;  R.  S. 
1894,  §6198;  E.  S.,  §1323.) 

Note.— Precincts  in  which  voting  machines  are  used  may  contain  six 
hundred  votes.  Acts  1903,  p.  278;  R.  S.  1905,  §6329;  R.  S.  1908,  §7024: 
post,  §221. 


[1891,  p.  154.     Approved  March  6,  1891.     In  force  Jniie  3.  1891.1 


4 

aay.m 


60.    Boundaries  of  Precincts — Changes. 

2.  The  Board  of  Commissioners  of  any  county  may 
change  the  boundaries  of  any  precinct  within  such  county, 
or  divide  any  precinct  into  two  or  more  precincts,  or  con- 
solidate two  or  more  precincts  into  one,  or  change  any  place 
of  holding  elections  whenever  public  convenience  or  the 
public  good  may  require  it:  Provided,  That  no  such 
change,  division  or  consolidation  shall  be  made  after  the 
June  term  of  such  Commissioners '  Court  next  preceding  an 
election:  And,  Provided  further.  That  no  such  change,  di- 
vision or  consolidation  shall  be  valid  without  giving  due 
notice,  at  least  one  month  before  any  election,  by  one  pub- 
lication in  two  newspapers  published  in  said  county,  repre 
sen  ting  the  two  political  parties  which  oast  the  highest 
number  of  votes  in  the  St^te  at  the  last  general  election, 
and  by  posters  put  up  in  four  of  the  most  public  places  in 
each  precinct:  And,  Provided  further,  That  no  precinct 
shall  be  enlarged  so  as  to  contain  more  than  two  hundred 
and  fifty  electors.  (R.  S.  1908  and  1914,  §6883;  R.  S.  1901, 
§6199;  R.  S.  1897,  §6489;  R.  S.  1894,  §6199.) 

Note. — The  time  Cor  makii^g  changes  in  the  bound«r1»K  of  precincts  ha  a 
t>«en  changed  by  Section  l.'i.  tupra. 


OONCERNIItG    BLJCCTIONS.  11 7 

[1897,  p.  106.    Approved  and  in  force  March  6,  1897.1 

61.    Election  Officers. 

3.  Township  Trustees  shall,  by  virtue  of  their  office,  be 
Inspectors  of  Elections  in  the  precincts  in  which  they  re- 
spectively reside,  and  shall,  prior  to  the  opening  of  the  pollg 
in  such  precincts,  appoint  as  Judges  of  Elections  two  quali- 
fied electors  of  such  precinct,  who  shall  have  been  freehold- 
ers and  resident  householders  therein  for  at  least  one  year, 
or  householders  for  at  least  two  years  next  preceding  such 
election,  and  who  are  members  of  different  political  parties 
and  of  the  parties  which  cast  the  highest  number  of  votes 
in  the  State  at  the  preceding  general  election:  Provided, 
If  no  persons  that  are  qualified  will  consent  to  serve  as  such 
Judges,  or  that  if  there  are  no  persons  residing  in  any  pre- 
cinct qualified  to  act  as  judges  of  Election,  by  reason  of  the 
fact  that  they  have  not  been  resident  householders  within 
such  precinct  for  one  year,  then  in  that  case  the  Township 
Trustee  shall  appoint  two  qualified  electors  of  such  pre- 
cinct as  such  Judges:  And,  Provided  further,  That  if  at 
least  one  week  or  more  prior  to  such  election  the  Chairman 
of  the  County  Central  Committee  of  either  of  the  two  par- 
ties that  cast  the  largest  number  of  votes  in  the  State  at  the 
last  general  election  shall  designate  a  member  of  such  party 
as  Judge,  having  the  same  qualification's  as  bove  pre- 
scribed, he  shall  be  appointed,  and  such  Judges,  together 
with  the  Inspector,  shall  constitute  a  Board  of  Election* 
No  person  shall  be  eligible  as  a  member  of  the  Board  of 
Election  who  has  anything  of  value  bet  or  wagered  on  the 
result  of  such  election,  or  is  a  candidate  to  be  voted  for  at 
such  election,  or  who  is  father,  father-in-law,  son,  son-in- 
law,  grandfather,  grandson,  brother,  brother-in-law,  uncle, 
nephew,  first  or  second  cousin  of  any  candidate  at  such  elec- 
tion. If  at  any  time  before,  or  during  an  election,  it  shall 
be  made  to  appear  to  any  Inspector,  by  the  affidavit  of  two 
or  more  qualified  electors  of  the  precinct,  that  either  of  the 
Judges  is  disqualified  under  the  provisions  of  this  Act,  he 
shall  at  once  remove  such  Judge  and  fill  the  place  with  a 
qualified  person  of  the  same  political  party  as  the  Judge 
removed;  and,  in  case  such  disqualified  Judge  shall  have 
taken  the  oath  of  office  hereinafter  prescribed,  the  Inspector 
shall  place  such  oath  and  affidavit  before  the  next  grand 
jury  of  the  county.  (E.  S.  1908  and  1914,  §6884^  R.  B.  1901, 
,^6200;  R.  S.  1897,  §6490.) 


118  GENERAL    LAWS 

[1901,  p.  437.    Approved  March  11,  1901.     In  force  May  16,  1901.] 

62.    Inspectors  and  Election  Board. 

4.  Whenever  any  Board  of  County  Commissioners  shall 
designate  more  than  one  precinct  in  any  township,  it  shall, 
at  the  September  term  of  said  Board,  next  preceding 
any  election,  appoint  in  each  precinct  in  which  no  Township 
Trustee  resides,  as  Inspector  of  such  election,  some  quali- 
fied voter  of  such  precinct,  who  shall  have  been  a  freeholder 
and  resident  householder  in  such  precinct  for  at  least 
one  year,  or  a  resident  householder  for  at  least  two  years 
next  preceding  such  election:  Provided,  That  if  no  person 
thus  qualified  will  consent  to  serve  as  such  Inspector,  or  if 
there  is  no  person  residing  in  any  precinct  qualified  to  act 
as  Inspector  by  reason  of  the  fact  that  he  has  not  been  a 
freeholder  and  resident  householder  m  such  precinct  for 
one  year,  or  a  resident  householder  in  such  precinct  for  two 
years  preceding  such  election,  such  Board  of  County  Com- 
missioners shall  appoint  some  qualified  elector  of  such  pre- 
cinct as  such  Inspector.  Such  Board  of  County  Commis- 
sioners shall  hold  a  special  session  one  week  before  each 
election,  and  shall  fill  all  vacancies  that  may  have  occurred 
in  the  office  of  Inspector,  and  shall  fill  any  vacancy  occur- 
ring thereafter  at  any  regular  or  called  session  of  the 
Board  previous  to  the  election.  Such  appointed  Inspector 
shall,  before  the  time  of  opening  the  election  in  his  pre- 
cinct, appoint  two  Election  Judges,  if  the  same  have  not 
already  been  appointed,  as  hereinbefore  provided,  in  the 
same  manner  and  under  the  same  requirements  as  pro- 
vided for  Township  Trustees  acting  as  Inspectors;  and 
such  Judges  and  Inspectors  shall  constitute  the  Board  of 
Election  for  such  precinct.  If  any  member  of  an  Election 
Board  shall  fail  to  appear  at  the  hour  appointed  for  the 
opening  of  the  polls,  the  remainder  of  the  Board  shall  se- 
lect a  member  of  his  political  party  to  serve  in  his  stead : 
Provided,  That  if  the  qualified  electors  of  his  party  present 
at  the  polls  shall  nominate  a  qualified  person  for  such  va- 
cancy, such  nominee  shall  be  appointed.  If  none  of  the 
members  of  an  Election  Board  shall  appear  at  the  hour 
appointed  for  opening  the  polls,  the  qualified  electors  pres- 
ent shall  elecl^  a  Board  viva  voce,  as  nearly  as  possible  in 


CONCERNING    ELECTIONS.  119 

conformity  with  the  provisions  hereof.     (R.  S.  1908  and 
1914,  §6885;  K  S.  1901,  §6201.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

63.  Poll  Clerks. 

5.  Such  Board  of  Election  shall  appoint  as  Poll  Clerks 
two  qualified  electors  of  such  precinct,  one  from  each  of 
the  two  parties  that  cast  the  largest  vote  in  the  State  at  the 
last  general  election :  Provided,  Th^t  if,  four  days  or  more 
prior  to  such  election,  the  Chairman  of  the  County  Central 
Committee  of  either  of  the  two  parties  that  cast  the  largest 
number  of  votes  in  the  State  at  the  last  general  election 
shall  designate  a  member  of  such  party  as  Poll  Clerk,  such 
nominee  shall  be  appointed.  (E.  S.  1908  and  1914,  §6886 ; 
R.  S.  1901,  §6202;  R.  S.  1897,  §6492;  R.  S.  1894,  §6202;  E. 
S.,§1327.) 

64.  Blank  Farms. 

6.  The  Auditor  of  each  county  in  the  State  shall  make 
out  and  cause  to  be  delivered  to  the  Inspectors  of  the  sev- 
eral precincts  in  their  respective  counties,  at  least  ten  days 
previous  to  any  election,  a  suitable  number  of  blank  forms 
of  poll  books,  containing  one  column  headed  ''Names  of 
Voters, ''  and  an  additional  column  headed  *' Number  of 
Voters '*  [votes],  and  also  forms  of  election  returns,  with 
the  proper  captions,  forms  of  oaths,  and  forms  of  certifi- 
cates and  tally  papers  necessary  to  be  used  in  all  elections 
hereafter  held  in  this  State.  (R.  S.  1908  and  1914,  §6887 ; 
R.  S.  1901,  §6203 ;  R.  S.  1897,  §6493 ;  R.  S.  1894,  §6203 ;  E.  S., 
§1328.) 

65.  Officers'  Oaths. 

7.  Before  any  election  shall  be  opened,  the  Inspector 
and  Judges  shall  each  make  oath  to  support  the  Constitu- 
tion of  the  United  States  and  of  this  State;  to  faithfully 
and  impartially  discharge  the  duties  assigned  by  law;  that 
they  will  not  knowingly  permit  any  person  to  vote  who  is 
not  qualified,  and  not  knowingly  refuse  the  qualified  vote 
of  any  elector,  or  cause  any  delay  to  persons  offering  to 
vote,  further  than  is  necessary  to  procure  satisfactory  in- 
formation of  the  qualifications  of  such  person  as  an  elector ; 


120  OENJDBAL     LAWS 

that  they  will  not  disclose  or  communicate  to  any  person 
how  any  elector  voted  or  how  any  ballot  was  folded, 
marked  or  stamped;  and  that  they  are  now  and  for  one 
year  next  preceding  have  continued  to  be  bona  fide  resi- 
dents and  freeholders,  or  bona  fide  householders,  for  at 
least  two  years,  of  the  township  in  which  such  precinct  is 
situated;  and  that  they  have  nothing  of  value  bet  or  wa- 
gered upon  the  result  of  said  election,  and  are  not  candi- 
dates at  said  election,  and  that  they  are  not  related  to  any 
person  to  be  voted  for  at  said  election,  within  the  degrees 
named  in  Sec.  3  of  this  Act ;  which  oath  shall  be  in  writing 
or  printed,  and  shall  be  subscribed  and  executed  before 
some  person  authorized  by  law  to  administer  oaths,  which 
officer  shall  attach  thereto  his  jurat;  and  such  oath  shall 
then  be  attached  to  the  poll  book,  and  with  it  return  [re- 
turned] to  the  Clerk's  office  of  his  county,  as  hereinafter 
provided. 


Which  oath  shall  be  in  the  following  form: 
State  of  Indiana, 


County 


,) 


ss 


I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that 
I  will  support  the  Constitution  of  the  United  States  and  of 
this  State;  that  I  will  faithfully  and  impartially  discharge 
the  duties  as  Inspector  or  Judge  of  Election  assigned  by 
law;  that  I  will  not  knowingly  permit  any  person  to  vote 
who  is  not  qualified,  and  will  not  knowingly  refuse  the  vote 
of  any  qualified  elector,  or  cause  any  delay  to  persons  of- 
fering to  vote  further  than  is  necessary  to  procure  satis- 
factory information  of  the  qualification  of  such  person  as 
an  elector;  that  I  am  now  and  have  been  continuously  for 
one  year  next  preceding  this  date  a  bona  fide  resident  free- 
holder (or  a  bona  fide  resident  householder  for  at  least  two 
years  next  preceding  this  date)  of  the  township  in  which 
the  precinct  in  w^hich  I  am  to  act  as  a  member  of  the  Elec- 
tion Board  is  situated ;  and  that  I  will  not  disclose  or  com- 
municate to  any  person  how  any  elector  has  voted  at  such 
election,  or  how  any  ballot  has  been  folded,  [or]  marked  or 
stamped;*  that  I  have  nothing  of  value  bet  or  wagered 

♦The  word  "stamped"  is  repealed. 


\ 


CONCERNING    ELECTIONS.  I2l 

upon  the  result  of  said  election,  and  am  not  a  candidate  at 
this  election,  and  am  not  related  to  any  person  to  be  voted 
for  at  this  election  within  the  degree  named  in  Sec.  3  of  the 

election  law.  

Subscribed  and  sworn  to  before  me  this .  -. day 

of " 

(R.  S.  1908  and  1914,  §6888;  R.  S.  1901,  §620*4*;  R.*  S. 
1897,  §6494;  R.  S.  1894,  §6204;  E.  S.,  §1329.) 

66.  Administering  Oaths. 

8.  If  no  person  present  be  authorized  by  law  to  ad- 
minister the  oath  of  office,  the  Inspector  shall  administer 
the  same  to  the  Judges,  and  one  of  the  Judges  shall  then 
administer  said  oath  to  the  Inspector.  (R.  S.  1908  and 
1914,  §6889;  R.  S.  1901,  §6205;  R.  S.  1897,  ^6495;  R.  S.  1894, 
§6205;  E.  S.,  §1330.) 

67.  Duties  of  Inspector. 

9.  The  Inspector  shall  be  Chairman  of  such  Board,  and 
before  the  reception  of  any  votes  shall  administer  an  oath 
to  the  Clerks  of  the  election  that  they  will  faithfully  dis- 
charge their  duties  as  such.  After  the  organization  of  the 
Board  of  Election  the  Inspector  may  administer  all  nec- 
sary  oaths  which  may  be  required  in  the  discharge  of  its 
duties,  and  all  oaths  shall  be  written  or  printed,  and  shall 
be  signed  by  the  persons  making  such  oaths  in  the  presence 
of  such  Board  of  Elections,  and  the  person  administering 
such  oaths  shall  affix  his  jurat  thereto,  and  said  affidavit 
shall  be  attached  to  and  returned  with  the  poll  list  to  the 
office  of  the  County  Clerk.  The  oaths  herein  prescribed  for 
the  Clerk  of  Elections  shall  be  in  the  following  form, 
namely : 

State  of  Indiana,         1 

County.  J 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that 
I  will  faithfully  and  honestly  discharge  my  duties  as  Clerk 

of  the  Election Precinct  and Ward 

( or Township)  in County,  Indiana, 

and  that  I  will  not  disclose  or  communicate  to  any  person 


122  GENERAL    LAWS 

how  any  elector  voted,  or  how  any  ballot  was  folded,  [or] 
marked  or  stamped.* 

Subscribed  and  sworn  to  before  me  this day 

of 

(E.  S.  1908  and  1914,  §6890;  R.  S.  1901,  §6206;  R.' S. 
1897,  §6497;  R  S.  1894,  §6206;  E.  S.,  §1331.) 

68.  Ballot  Boxes. 

10.  The  Board  of  County  Commissioners  of  each 
county  shall  provide,  at  the  expense  of  the  county,  two  bal- 
lot-boxes, one  painted  red,  for  the  reception  of  the  ballots 
prepared  by  the  State  Board  of  Election  Commissioners, 
and  one  painted  white,  for  the  reception  of  the  ballots  pre- 
pared by  the  County  Board  of  Election  Commissioners  for 
each  precinct;  each  ballot-box  shall  have  at  least  two  locks 
of  different  kinds  and  combinations,  so  that  the  key  of  one 
will  not  unlock  the  other,  and  be  otherwise  so  constructed 
as  to  contribute  toward  the  prevention  of  fraud.  (R.  S. 
1908  and  1914,  §6891;  R.  S.  1901,  §6207;  R.  S.  1897,  §6497; 
R.  S.  1894,  §6207;  E.  S.,  §1332.) 

69.  Ballot  Boxes,  How  Constructed— Keys. 

11.  An  opening  shall  be  made  in  the  lid  of  each  box 
sufficient  only  for  a  single  ballot ;  and,  at  the  time  the  elec- 
tion is  opened,  the  Inspector  and  Judges  shall  see  that 
there  are  no  ballots  in  the  box  before  the  voting  beings,  and 
shall  thereupon  securely  lock  the  box,  and  give  one  key  to 
one  of  the  Judges  who  is  in  politics  opposed  to  the  In- 
spector, the  Inspector  retaining  the  other  key ;  and  the  same 
shall  not  be  again  opened  until  the  polls  are  closed,  and  the 
Board  is  ready  to  immediately  proceed  with  the  counting. 
(R.  S.  1908  and  1914,  §6892;  R.  S.  1901,  §6208;  R.  S.  1897, 
§6498;  R.  S.  1894,  §6208;  E.  S.,  §1333.) 

[Acts  1899,  p.  539.     In  force  April  28,  1899.1 

70.  Opening  Polls — Closing. 

12.  The  election  shall  be  opened  in  the  forenoon  at 
the  hour  of  six  o  'clock  and  continue  open  until  four  o  'clock 

♦The  word  "stamped"  is  repealed. 


I 


CONCERNirsG    ELECTION.S.  123 

in  the  afternoon,  after  which  the  Board  may  close  the  elec- 
tion at  any  time,  when  all  the  electors  have  voted,  or  when 
fifteen  minutes  have  passed  without  a  vote  having  been 
tendered ;  but  the  polls  shall,  in  no  case,  be  kept  open  after 
six  o'clock  of  the  afternoon;  and  the  polls  shall  not  be 
closed  after  four  o'clock  and  before  six  o'clock  except  by 
the  unanimous  consent  of  all  the  members  of  the  Election 
Board;  but  whenever  the  polls  are  closed,  proclamation 
must  be  made  of  the  fact  of  such  closing  by  the  Inspector, 
to  the  people  outside,  in  a  loud  and  audible  tone  of  voice, 
and  a  minute  of  such  proclamation,  and  of  the  time  when 
the  same  was  made,  must  be  entered  on  the  tally  papers  by 
the  Clerks,  and  after  such  minute  has  been  made  no  more 
votes  shall  be  received.  (E.  S.  1908  and  1914,  §6893;  R.  S. 
1901,  §6209.) 

71.  Where  Elector  Votes. 

13.  Each  elector  shall  vote  by  ballot  in  the  precinct 
where  he  resides.  (E.  S.  1908  and  1914,  §6894;  E.  S.  1901, 
§6210;  E.  S.  1897,  §6500;  E.  S.  1894,  §6210;  E.  S.,  §1335.) 

1.  The  remainder  of  this  section  and  the  amendment  of  1891  (p.  350) 
were  declared  unconstitutional.  Morris  vs.  Powell,  125  Ind.  281;  and 
Brewer  vs.  McClellan,  144  Ind.  423. 

[1897,  p.  274.    Approved  March  8,  1897.     In  force  April  14,  1897.] 

72.  Polling  Precincts. 

1.  Any  political  or  civic  party,  association  or  organ- 
ization may,  at  any  time  j)rior  to  any  general  or  other  elec- 
tion, take  a  poll  of  voters  qualified  to  vote  at  the  next  en- 
suing election,  in  any  district,  county,  township,  municipal- 
ity, w^ard,  precinct  or  precincts  of  the  State:  Provided, 
The  chairman  or  president,  or  other  chief  officer  of  the 
party,  association  or  organization  taking  such  poll  shall 
issue  to  the  person  or  persons  employed  in  taking  the  poll 
a  certificate  showing  the  nature  of  such  employment  and 
the  party  organization  or  association  for  which  such  poll 
is  to  be  taken.  (E.  S.  1908  and  1914,  §7049;  E.  S.  1901, 
§6336;  E.  S.  1897,  §6501.) 

73.  Giving  Information  to  Poll-Takers. 

2.  It  shall  be  the  duty  of  every  person  to  whom  appli- 
cation is  made  for  information  in  regard  to  such  poll  to  fur- 


124  GENERAL     LAW8 

nish  to  the  poll-taker,  upon  the  exhibition  of  such  certifi- 
cate, all  information  in  the  possession  of  the  person  to 
whom  application  is  made  with  regard  to  the  names,  resi- 
dence, and  other  qualifications  in  regard  to  voting  of  any 
and  every  person  within  such  district,  county,  township, 
municipality,  ward  or  precinct ;  and  it  shall  be  the  duty  of 
every  proprietor  or  manager  of  every  boarding  house,  lodg- 
ing house,  restaurant,  hotel,  building  or  other  place  within 
which  persons  are  lodged,  to  obtain  a  complete  and  accu- 
rate list  of  all  legal  voters  domiciled  in  such  boarding 
house,  lodging  house,  hotel,  or  other  pace,  not  less  than 
sixty  days  prior  to  each  election,  which  list  shall  state  the__. 
name,  age,  occupation,  place  of  business,  and  place  of  pre-J| 
vious  residence,  with  the  length  of  residence  in  the  State, 
county,  township,  precinct  and  ward,  of  each  person  named 
thereon,  and  such  list  shall  be  retained  by  such  owner  or 
manager  of  such  boarding  house,  lodging  house,  hotel,  or 
other  building  for  the  period  of  not  less  than  forty  days 
thereafter,  and  upon  application,  shall  be  submitted  to  the 
inspection  of  each  and  every  poll-taker  who  may  demand 
the  same.  Every  person  who  shall  violate  the  provisions 
of  this  section  may  be  fined  in  any  sum  not  less  than  one 
dollar  nor  more  than  twenty-five  dollars,  to  which  may  be 
added  imprisonment  in  the  county  jail  or  workhouse  for  a 
period  not  exceeding  ten  days.  (R.  S.  1908  and  1914,  §7050 ; 
R.  S.  1901,  §6337;  R.  S.  1897,  §6502.) 


r  s(^| 


74.    List  of  Voters. 

3.  It  shall  be  the  duty  of  each  and  every  poll-taker 
appointed  to  make  a  full,  true  and  complete  list  of  all  per 
sons  whose  names  are  reported  to  him  as  voters,  with  such 
comments  as  he  may  deem  proper  as  to  their  respective 
qualifications.  (R.  S.  1908  and  1914,  §7051;  R.  S.  1901, 
§6338;R.S.  1897,  §6503.) 


J 


75.    Withholding  Information — Penalty. 

4.  Any  person  who  shall  withhold  any  information  In 
his  or  her  possession  from  any  poll-taker  with  regard  to  the 
qualifications  of  any  voter  or  voters  or  other  person  or  per- 
sons not  entitled  to  vote,  upn  the  demand  of  such  poll- 
taker,  shall  be  fined  in  any  sum  not  less  than  one  nor  more 


I 


UONOlCKNING     KI.ECriONfe.  125 

than  twenty-five  dollars,  to  which  may  be  added  imprison- 
ment not  exceeding  thirtv  days.  (K.  S.  1908  and  1914, 
§7052;  R.  S.  1901,  §6339;  R.  S.  1897,  §6504.) 

76.  Deceiving  Poll-Taker — Penalty. 

5.  Every  person  who  shall  knowingly  furnish  to  any 
poll-taker  any  false  information  with  regard  to  the  quali- 
fications of  any  person  or  persons  for  voting,  or  shall  know- 
ingly return  to  such  poll-taker  as  voters  any  false  names, 
or  the  names  of  any  persons  who  are  dead  or  are  not  voters 
shall  be  fined  in  any  sum  not  less  than  one  nor  more  than 
twenty-five  dollars,  to  which  may  be  added  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  six  months. 
(R.  S.  1908  and  1914,  §7053;  R.  S.  1901,  §6339a;  R.  S.  1897, 
§6505.) 

77.  Returning  Fictitious  Names — Penalty. 

6.  Every  poll-taker  who  shall  knowingly  return  the 
name  of  any  person  who  is  not  entitled  to  vote  in  the  pre- 
cinct or  district  for  which  such  poll  is  taken  at  the  election 
immediately  ensuing,  or  any  fictitious  name,  or  the  name  of 
any  dead  person,  shall  be  fined  in  any  sum  not  less  than  ten 
nor  more  than  five  hundred  dollars,  to  which  may  be  added 
imprisonment  in  the  county  jail  or  workhouse  for  a  period 
not  exceeding  six  months.  (R.  S.  1908  and  1914,  §7054;  R. 
S.  1901,  §6339b;  R.  S.  1897,  §6506.) 

[1889,  p.  157.    Approved  March  6,  1889.     In  force  May  10,  1889.1 

78.  Proclan^ation  of  Opening  Polls. 

14.  Before  receiving  the  ballot  of  any  elector  the  Board 
of  Election  shall  cause  to  be  proclaimed  that  such  election 
is  opened.  (R.  S.  1908  and  1914,  §6895;  R.  S.  1901,  §6211; 
R.  S.  1897,  §6507;  R.  S.  1894,  §6211;  E.  S.,  §1336.) 

[1891,  p.  124.    Approved  March  6,  1891.    In  force  June  3,  1891.] 

79.  '^ElectionSheriifs.'' 

15.  It  shall  be  the  duty  of  the  Sheriff  of  each  coimty 
to  appoint,  five  days  prior  to  each  election,  two  special 
deputies  for  each  precinct  in  the  county,  to  he  known  as 


126  GENERAL    LAWS 

Election  Sheriffs,  who  shall  attend  the  polling  places  in 
their  respective  precincts  from  the  opening  of  the  polls  to 
the  conclusion  of  the  count.  It  shall  be  their  duty  to  pre- 
serve order  at  the  polls  and  enforce  the  provisions  of  the 
election  law  under  the  direction  of  the  Election  Board,  and 
make  arrests  on  the  demand  of  a  member  of  the  Board,  or 
on  affidavit,  as  hereinafter  provided.  One  of  such  Election 
Sheriffs  shall  be  chosen  from  each  of  the  two  parties  that 
cast  the  largest  number  of  votes  in  the  State  at  the  last  gen- 
eral election;  and  if  at  least  five  days  prior  to  such  election 
the  Chairman  of  the  County  Central  Committee  of  either 
of  such  parties  shall  nominate  a  member  of  his  party  for 
Election  Sheriff  in  any  precinct,  such  nominee  shall  be  ap- 
pointed. If  any  Election  Sheriff  shall  fail  to  appear  at  the 
opening  of  the  polls,  the  member  or  members  of  the  Elec- 
tion Board  of  his  political  party  shall  appoint  a  person  to 
act  in  his  place.  Compensation  of  one  dollar  and  fifty 
cents  per  day  shall  be  allowed  to  each  Election  Sheriff  by 
the  Board  of  County  Commissioners,  but  no  such  Election 
Sheriff  shall  be  allowed  for  more  days'  service  than  mem- 
bers of  the  Election  Board  in  the  same  precinct  are  allowed. 
No  other  peace  officers  of  the  State,  or  any  division  thereof, 
shall  be  allowed  within  fifty  feet  of  the  polls,  except  to 
serve  process  of  Courts  or  to  vote,  unless  summoned  by  the 
Election  Sheriff's.  No  person  other  than  the  election  offi- 
cers shall  remain  within  fifty  feet  of  the  polls,  except  when 
voting:  Provided,  That  each  political  party  may  appoint 
one  challenger  and  one  poll-book  holder  for  each  precinct, 
who  shall  be  entitled  to  stand  at  the  sides  of  the  chute  next 
to  the  challenge  window.  Such  challenger  and  poll-booL 
holder  shall  be  appointed  in  writing  by  the  Chairman  oSl 
the  county  or  other  local  committee  of  their  political  party, 
and  shall  produce  written  appointments  on  demand  of  a 
member  of  the  Election  Board.  It  shall  be  lawful  for  a  po- 
litical party  to  pay  such  challenger  and  poll-book  holder 
not  more  than  three  dollars  for  services  at  any  election,  but 
not  more  than  one  person  of  any  one  party  shall  be  paid  for 
services  in  either  such  capacity  in  any  precinct,  and  no 
challenger  or  poll-book  holder  shall  receive  any  compensa- 
tion for  such  services,  except  from  the  political  party  he 
represents.  (R.  S.  1908  and  1914,  §6896;  R.  S.  1901,  §6212; 
R.  S.  1907,  §6508;  R.  S.  1894,  §6212.) 


CONCERNING    ELECTIONS. 


127 


[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.1 

80.  State  Board  of  Election  Commissioners. 

16.  The  Governor  of  the  State,  and  two  qualified  elect- 
ors by  him  appointed,  one  from  each  of  the  two  political- 
parties  that  cast  the  largest  number  of  votes  in  the  State 
at  the  last  preceding  general  election,  shall  constitute  a 
State  Board  of  Election  Commissioners.  Such  appoint- 
ments shall  be  made  at  least  thirty  days  prior  to  each  gen- 
eral election,  and  if,  prior  to  that  time,  the  Chairman  of  the 
State  Central  Committee  of  either  of  such  parties  shall 
nominate  in  writing  a  member  of  his  own  party  for  such 
appointment,  the  Governor  of  the  State  shall  appoint  such 
nominee.  In  case  of  death  or  disability  of  either  appointee 
the  Governor  of  the  State  shall  notify  the  Chairman  of  the 
said  Central  Committee  of  such  appointee's  political  party, 
and  such  Chairman  may,  within  three  days  thereafter,  rec- 
ommend a  successor,  who  shall  thereupon  be  appointed: 
Provided,  That  if  such  Chairman  shall  fail  to  make  recom- 
mendations of  appointment  within  the  time  specified,  the 
Governor  of  the  State  shall  make  such  appointment  of  his 
own  selection  from  such  political  party.  It  shall  be  the 
duty  of  said  Board  to  prepare  and  distribute  ballots  and 
stamps  for  election  of  all  officers  for  whom  all  the  electors 
of  the  State  are  entitled  to  vote,  in  compliance  with  the 
provisions  of  the  election  law.  The  members  of  such  Board 
shall  serve  without  compensation.  (R.  S.  1908  and  1914, 
§6897;  R.  S.  1901,  §6213;  R.  S.  1897,  §6509;  R.  S.  1894, 
§6213;  E.  S.,  §1338.) 

81.  County  Board  of  Election  Commissioners. 

17.  In  each  county  in  the  State,  the  Clerk  of  the  Circuit 
Court  and  two  persons  by  him  appointed,  one  from  each  of 
the  two  political  parties  that  cast  the  largest  number  of 
votes  in  the  State  at  the  last  general  election,  shall  con- 
stitute a  County  Board  of  Election  Commissioners.  Said 
appointments  shall  be  made  in  all  respects  as  appoint- 
ments to  the  State  Board  of  Election  Commissioners  are  re- 
quired to  be  made  by  the  Governor  of  the  State,  except  that 
the  privilege  of  nomination  shall  belong  to  the  Chairman  of 
the  County  Central  Committees  of  the  two  parties  aforesaid. 
It  shall  be  the  duty  of  such  Board  to  prepare  and  dis- 


128  ©EITERAL    LAWS 

tribute  ballots  for  election  of  all  officers  to  be  voted  for  in 
such  county  other  than  those  who  are  to  be  voted  for  by 
all  the  electors  of  the  State,  in  compliance  with  the  pro- 
visions of  this  Act.  The  members  of  such  Board  shall  serve 
without  compensation.  (R.  S.  1908  and  1914,  §6898;  E.  S. 
1901,  §6214;  R.  S.  1897,  §6510;  R.  S.  1894,  §6214;  E.  S 
§1339.) 


82.    Board's  Duties. 

18.  The  said  Board  of  Election  Commissioners  shall 
cause  to  be  printed  on  the  respective  ballots  the  names  of 
the  candidates  nominated  by  the  conventions  of  any  party 
that  cast  one  per  cent,  of  the  total  vote  of  the  State  at  the 
last  preceding  general  election,  as  certified  to  said  Boards 
by  the  presiding  officer  and  secretary  of  such  convention, 
or  in  case  of  primary  election,  by  the  chairman  and  secre- 
tary of  any  county  or  township  committee;  and  also  the 
names  of  any  candidates  for  any  office  when  petitioned  so 
to  do  by  electors  qualified  to  vote  for  such  candidates,  as 
follows:  For  a  State  officer,  or  any  officer  for  whom  all 
the  electors  of  the  State  are  entitled  to  vote,  five  hundred 
petitioners ;  for  a  representative  in  Congress  from  any  Con- 
gressional District,  two  hundred  petitioners;  for  a  county 
officer,  member  of  the  General  Assembly,  Circuit  Judge  or 
Prosecuting  Attorney,  twenty-five  petitioners;  for  an  of- 
ficer of  a  township,  ward  or  other  division  less  than  a  coun- 
ty, twenty  petitioners.  The  signatures  to  such  petition 
need  not  be  appended  to  one  paper,  but  no  petitioner  shall 
be  counted,  except  his  residence  and  postoffice  address  be 
designated.  Such  petition  shall  state  the  name  and  resi- 
dence of  each  of  such  candidates;  that  he  is  legally  quali- 
fied to  hold  such  office;  that  the  subscribers  desire  and  are 
legally  qualified  to  vote  for  such  candidates;  and  may  des- 
ignate a  brief  name  or  title  of  the  party  or  principle  which 
said  candidates  represent,  together  with  any  simple  figure 
or  device  by  which  they  shall  be  designated  on  the  ballots. 
The  certificate  of  nomination  by  a  convention  or  primary 
election  shall  be  in  writing,  and  shall  contain  the  name  of 
each  person  nominated,  his  residence  and  the  office  for 
which  he  is  nominated,  and  shall  designate  a  title  for  the 
party  or  principle  which  such  convention  or  primary  elec- 
tion represents,  together  with  auv  simple  figure  or  device 


1 


CONCERNING    ELECTIONS.  129 

by  which  its  list  of  candidates  may  be  designated  on  the 
])allots;  said  certificate  shall  be  signed  by  the  presiding 
officer  and  secretary  of  such  convention,  or  by  the  chairman 
and  secretary  of  the  county,  city  or  township  committee, 
who  shall  add  to  their  signatures  their  respective  places  of 
residence,  and  acknowledge  the  same  before  an  officer  duly 
authorized  to  take  acknowledgments  of  deeds.  If  the  cer- 
tificate of  nomination  of  any  State  convention  shall  request 
that  the  figure  or  device  selected  by  such  convention  be 
used  to  designate  the  candidates  of  such  party  on  the  bal- 
lots for  all  .elections  throughout  the  State  such  figure  or 
device  shall  be  so  used  until  changed  by  request  of  a  sub- 
sequent State  convention  of  the  same  party.  Such  device 
may  be  the  figure  of  a  star,  an  eagle,  a  plow,  or  some  such 
.appropriate  symbol,  but  the  coat  of  arms  or  seal  of  the 
State  or  of  the  United  States,  the  national  flag,  or  any  other 
emblem  common  to  the  people  at  large  shall  not  be  used  as 
such  device.  A  certificate  of  such  acknowledgment  shall 
be  appended  to  such  instrument.  In  case  of  death,  resigna- 
tion or  removal  of  any  candidate  subsequent  to  nomination, 
unless  a  supplemental  certificate  or  petition  of  nomination 
be  filed,  the  chairman  of  the  State,  county,  city  or  town- 
ship committee  shall  fill  such  vacancy.  In  case  of  division 
in  any  party,  and  claim  by  two  or  more  factions  to  the  same 
party  name,  or  title,  or  figure,  or  device,  the  Board  of  Elec- 
tion Commissioners  shall  give  the  preference  of  name  to 
the  convention  held  at  the  time  and  place  designated  in 
the  call  of  the  regularly  constituted  party  authorities,  and 
if  the  other  faction  shall  present  no  other  party  name,  title 
or  device  the  Board  of  Election  Commissioners  shall  select 
a  name  or  title,  and  place  the  same  before  the  list  of  can- 
didates of  said  faction  on  the  ballot,  and  select  some  suit- 
able device  to  designate  its  candidates.  If  two  or  more  con- 
ventions be  called  hy  authorities  claimed  to  be  the  rightful 
authorities  of  any  party,  the  proper  Board  of  Election  Com- 
missioners shall  select  some  suitable  devices  to  distinguish 
one  faction  from  the  other,  and  print  the  ballots  according- 
ly: Provided,  however.  That  if  any  political  party  en- 
titled to  nominate  by  convention  shall  in  any  case  fail  to 
do  so,  the  names  of  all  nominees  by  petition  for  any  office 
who  shall  be  designated  in  their  petitions  as  members  of 
and  candidates  of  such  party,  shall  be  printed  under  the 

^—1779 


130 


GENEEAL    LAWS 


I 


device  and  title  of  such  party  on  the  ballots,  as  if  nominated 
by  convention.  Certificates  and  petitions  of  nomination  of 
candidates  for  offices  to  be  voted  [for]  by  the  electors  of 
the  entire  State  shall  be  filed  with  the  Governor  of  the 
State.  Certificates  and  petitions  of  nomination  of  candi- 
dates for  offices  to  be  voted  for  by  electors  of  any  district 
or  division  of  the  State  exclusively  shall  be  filed  with  the 
Clerks  of  the  Circuit  Courts  of  the  counties  or  county  in- 
cluded in  or  including  such  district  or  division.  (R.  S.  1908, 
and  1914,  §6899;  R.  S.  1901,  §6215;  R.  S.  1897,  §6511;  R.^j 
S.  1894,  §6215;  E.  S.,  §1340.)  ~ 

The  duty  to  place  on  the  official  ballot  in  the  proper  column  the 
names  of  the  nominees  selected  "at  the  time  and  place  desighated  in  the 
call  of  the  regularly  constituted  party  authorities"  may  be  enforced  by 
mandamus.    State  vs.  Board,  167  Ind.  276. 

83.  Superior  Court — Election  of  Judges.  if  | 
In  all  counties  of  this  State,  having  a  superior  court 

consisting  of  two  or  more  judges,  such  court  shall  be  divid- 
ed into  rooms  and  such  rooms  numbered  consecutively,  be- 
ginning with  No.  1,  and  the  judges  of  said  court  shall  be 
nominated  and  elected  by  rooms:  Provided,  That  any  one 
of  said  judges  shall  have  full  power  and  authority  to  sit  as 
judge  in  the  other  rooms  of  said  court.  (R.  S.  1914,  Sec. 
1463.) 

[Acts  1905,  p.  193.] 

84.  Signatures  to  Petition  Must  Be  Acknowledged. 
12.     No  name  upon  any  petition  for  nomination  shall 

be  considered  by  the  city  or  county  Board  of  Election  Com- 
missioners unless  the  same  be  signed  by  the  petitioner  in 
person  or  by  his  mark  duly  attested,  and  no  petition  for 
nomination  shall  be  effectual  to  authorize  the  name  peti- 
tioned for  to  appear  upon  the  official  ballot  unless  the  sig- 
natures of  such  petition  to  the  number  required  by  law 
shall  be  duly  acknowledged  before  some  officer  authorized 
to  take  acknowledgments.  (R.  S.  1908  and  1914,  §6967;  R. 
S.  1905,  §6275f.) 

[1889,  p.  157.     Approved  May  6,  1889.    In  force  May  10,  1889.] 

85.  Preservation  of  Petitions.  i 

20.  The  Governor  of  the  State  and  County  Clerks  shall 
cause  to  be  preserved  in  their  respective  offices  all  certifi- 


1 


CONCERNING   ELECTIONS.  131 

cates  and  petitions  of  nominations  filed  therein  under  the 
provisions  of  this  Act  for  six  months  after  the  election  for 
which  such  nominations  were  made.  (E.  S.  1908  and  1914, 
§6901;  E.  S.  1901,  §6217;  E.  S.  1897,  §6513;  E.  S.  1894, 
§6217;  E.  S.,  §1342.) 

86.  When  to  Be  Filed. 

21.  Certificates  and  petitions  of  nominations  filed  with 
the  Governor  of  the  State  shall  be  filed  not  more  than  sixty 
days,  and  not  less  than  twenty  days,  before  the  day  fixed  by 
the  law  for  the  election  of  the  persons  in  nomination.  Cer- 
tificates and  petitions  of  nomination  herein  directed  to  be 
filed  with  the  Clerk  of  a  county  shall  be  filed  not  more  than 
sixty  and  not  less  than  fifteen  days  before  election.  (E.  S. 
1908  and  1914,  §6902;  E.  S.  1901,  §6218;  E.  S.  1897,  §6514; 
E.  S.  1894,  §6218;  E.  S.,  §1343.) 

87.  Governor's  Certificate. 

22.  Not  less  than  eighteen  days  before  an  election  of 
the  State  to  fill  any  public  office  for  which  all  the  electors 
are  entitled  to  vote  the  Governor  of  the  State  shall  certify 
to  the  County  Clerk  of  each  county  the  name  and  the  place 
of  residence  of  each  person  nominated  for  such  office,  as 
specified  in  the  certificates  and  petitions  of  nominations 
filed  with  the  Governor  of  the  State,  and  shall  designate 
therein  the  device  under  which  the  group  or  list  of  candi- 
dats  of  each  party  will  be  printed,  and  the  order  in  which 
they  will  be  arranged.  (E.  S.  1908  and  1914,  §6903;  E.  S. 
1901,  §6219;  E.  S.  1897,  §6515;  E.  S.  1894,  §6219;  E.  S., 
§1344.) 

1.  The  next  section  of  the  original  act  is  repealed.  It  was  Section  23. 
See  1891,  p.  126 ;   1893,  p.  154. 

88.  Resignations  of  Nominees. 

24.  The  Governor  of  the  State  shall  not  certify  the 
name  of  a  candidate  whose  certificate  of  nomination  shall 
have  been  filed  in  his  office  and  who  shall  have  notified  him 
in  a  writing  signed  and  executed  with  the  formalities  pre- 
scribed for  the  execution  of  an  instrument  to  entitle  it  to 
record  that  he  will  not  accept  the  nomination  contained  in 
the  certificate  or  petition  of  nomination.    The  County  Clerk 


132  GENEEAL    LAWS 

shall  not  include  in  the  publication  to  be  made  according  to 
Sec.  23  hereof  the  name  of  any  candidate  whose  certificate 
or  petition  of  nomination  shall  have  been  filed  in  his  oiffice 
who  shall  have  notified  him  in  like  manner  that  he  will  not 
accept  the  nomination.    The  names  of  such  candidates  shall 
not  be  included  in  the  names  of  the  candidates  to  be  printed      ^ 
in  the  ballots  as  hereinafter  provided.    (R.  S.  1908  and  1914,  m\ 
§6904;   R.  S.  1901,  §6220;   R.  S.  1897,  §6516;    R.  S.  1894,      ^ 
§6220;   E.  S.,  §1346.) 


1 


89.  Constitutional  Amendments. 

25.  Whenever  a  proposed  constitutional  amendment  or 
other  question  is  to  be  submitted  to  the  people  of  the  State 
for  popular  vote,  the  Secretary  of  State  shall  duly,  and  not 
less  than  thirty  days  before  election  certify  the  same  to 
the  Clerk  of  each  co,unty  in  the  State,  and  the  Clerk  of  each 
county  shall  include  the  same  in  the  publication  provided 
for  in  Bee.  23  of  this  Act.  (R.  S.  1908  and  1914,  §6907; 
R.  S.  1901,  §6221;  R.  S.  1897,  §6517;  R.  S.  1894,  §6221;  E. 
S.,  §1347.) 

[1897,  p.  49.     Approved  February  23,  1897.    In  force  April  14,  1897.] 

90.  Form  of  Ballot. 

1.  The  Board  of  Election  Commissioners  of  the  State 
of  Indiana,  the  Board  of  Election  Commissioners  of  the 
several  counties  of  the  State  and  the  Board  of  Election 
Commissioners  of  the  several  cities  and  towns  of  the  State 
of  Indiana  shall  cause  the  names  of  all  candidates  of  their 
respective  jurisdictions  to  be  printed  on  one  ballot,  all  nom- 
inations of  any  party  or  group  of  petitioners  being  placed 
under  the  title  and  device  of  such  party  or  petitioners  as 
designated  by  them  in  their  certificate  or  petition,  or  if 
none  be  designated,  under  some  title  and  device.  The  bal- 
lots shall  be  of  uniform  size  and  of  the  same  quality  and 
color  of  paper,  and  sufficiently  thick  that  the  printing  can 
not  be  distinguished  from  the  back.  All  ballots  prepared 
by  the  State  Board  of  Election  Commissioners  shall  befll 
printed  on  red  tinted  paper,  and  put  up  in  blocks  of  one  ■' 
hundred  each.  All  ballots  prepared  by  the  County  Boards 
of  Election  Commissioners  shall  be  printed  on  white  paper, 
except  the  ballots  to  be  used  in  the  election  of  township  offi- 


I 


CONCERNING    ELECTIONS. 


133 


cers  shall  be  printed  on  yellow  paper.  If  the  same  device 
for  designating  candidates  be  selected  by  two  parties  or 
groups  of  petitioners,  it  shall  be  given  to  the  one  which 
first  selected  it,  and  a  suitable  device  shall  be  selected  for 
the  other.  The  device  named  and  list  of  candidates  of  the 
Democratic  party  shall  be  placed  in  the  first  column  on  the 
left-hand  side  of  said  ballot;  and  of  the  Republican  party 
in  the  second  column ;  and  of  any  other  party  in  such  order 
as  the  Board  of  Election  Commissioners  shall  decide.  The 
device  of  each  party  shall  be  enclosed  in  a  circle  of  not  less 
than  one  and  one-half  inches  in  diameter,  and  shall  be 
placed  at  the  head  of  the  list  of  candidates  of  the  party, 
and  the  following  words  shall  be  printed  around  the  outer 
edge  of  each  of  said  circles,  to-wit : 

^ '  To  vote  a  straight  ticket  make  a  'X  [within]  in  one 
circle  and  not  elsewhere.'^ 

Immediately  under  it  shall  be  placed  the  name  or  title 
of  the  party  ticket,  and  immediately  under  the  name  or  title 
the  list  of  candidates  of  the  party,  such  names  being  placed 
three-fourths  of  one  inch  apart  from  center  to  center  of  the 
name,  the  name  of  each  candidate  having  immediately  on 
its  left  a  square  three-eighths  of  an  inch  on  each  side,  and 
the  general  arrangement  of  the  ballots  shall  conform  as 
near  as  possible  to  the  following : 


DEMOCRATIC  TICKET.  REPUBLICAN  TICKET, 


H 


For  Governor, 
BENJAMIN  F.  SHIVELEY. 


REP. 


For  Governor, 
JAMES  A.  MOUNT. 


(R.  S.  1908  and  1914,  §6908;  R.  S.  1901,  §6222;  R.  S. 
1897,  §6518.) 


134  GENERAL    LAWS 

91.  Nominee's  Name  on  Ballot  but  Once. 

2.  If  any  certificate  or  petition  of  nomination  shall  con- 
tain the  name  of  more  than  one  candidate  for  any  office 
to  be  filled,  neither  name  shall  be  printed  as  a  candidate 
for  such  office.  If  any  person  shall  join  in  nominating  by 
petition  more  than  one  nominee  for  any  office  to  be  filled 
such  person  shall  not  be  counted  as  a  petitioner  for  either 
nomination.  The  name  of  any  person  who  has  been  se- 
lected or  nominated  as  a  candidate  for  any  office,  by  con- 
vention, petition  or  otherwise,  shall  not  appear  in  more 
than  one  place,  and  but  once  upon  a  ballot.  If  any  person 
has  been  nominated  as  a  candidate  for  the  same  office,  both 
by  petition  and  by  convention,  his  name  shall  be  placed  on 
the  ballot  but  once,  to  wit :  In  the  list  of  candidates  nomi- 
nated by  such  convention;  and  the  place  occupied  by  his 
name  in  such  petition  shall  be  left  blank:  Provided,  That 
if  such  candidate  shall  in  writing,  signed  and  acknowl- 
edged before  some  person  authorized  to  take  acknowledg- 
ments, prior  to  the  last  day  for  filing  nominations,  request 
that  his  name  be  printed  as  nominated  by  petition,  it  shall 
be  so  printed,  and  shall  be  omitted  from  the  list  nominated 
by  convention.  (R.  S.  1908  and  1914,  §6900;  R.  S.  1901, 
§6216;  R.  S.  1897,  §6519.) 

92.  Candidate  to  Elect  Nomination. 

5.  Whenever  any  person  has  been  nominated  by  two 
or  more  parties  either  by  convention,  petition  or  otherwise, 
he  shall  make  his  election  as  to  which  of  such  nominations 
he  will  accept,  in  writing,  signed  and  acknowledged  before 
some  officer  authorized  to  take  acknowledgments,  and  file 
the  same  with  the  proper  Board  of  Election  Commissioners. 
Where  a  person  has  been  so  nominated  for  an  office  for 
which  all  electors  of  the  State  may  vote,  he  shall  file  his 
election  with  the  State  Board  of  Election  Commissioners, 
not  more  than  sixty  nor  less  than  twenty  days,  before  the 
day  fixed  by  law  for  the  election  of  the  persons  in  nomina- 
tion ;  and  when  a  person  has  been  so  nominated  for  an  office, 
wherein  it  is  required  by  law  to  file  the  certificate  or  peti- 
tion of  such  nomination,  with  the  County  Clerk,  he  shall 
make  and  file  his  election  with  the  Clerk  of  the  county  in 
which  nomination  is  made,  if  for  a  county  office,  and  with 


I 


CONCERNING    ELECTIONS.  135 

the  Clerks  of  all  the  comities  of  the  district  if  for  a  district 
oflSce,  not  more  than  sixty  days  nor  less  than  fifteen  days 
before  election.  And  if  a  person  so  nominated  shall  not 
make  and  file  his  election  as  herein  provided,  with  the  prop- 
er Board  of  Election  Commissioners,  said  Board  shall  make 
such  election  for  him,  giving  preference  to  the  nominations 
made  by  conventions.  And  after  such  election  is  made,  the 
Board  of  Election  Commissioners  shall  place  the  name  of 
such  person  in  the  list  of  nominees  under  the  party  name 
and  device  as  indicated  by  him  or  the  Board  of  Election 
Commissioners,  and  under  no  other  device  and  not  else- 
where upon  the  ballot.  (R.  S.  19Q8  and  1914,  §6906;  R.  S. 
1901,  §6220b;  R.  S.  1897,  §6520.) 

93.  Resignations  of  Candidates — Vacancy. 

4.  If  any  candidate  whose  nomination  has  been  certi- 
fied according  to  law  shall  wish  to  resign  from  such  ticket, 
he  shall  file  his  resignation  in  writing  with  the  officer  with 
whom  such  certificate  of  nomination  was  filed  within  three 
days  after  the  filing  of  such  certificate  of  nomination,  and 
any  resignation  filed  after  the  time  mentioned  in  this  sec- 
tion shall  not  be  considered  by  the  Board  of  Election  Com- 
missioners: Provided,  That  no  resignation  shall  be  filed 
with  or  received  by  the  State  Board  of  Election  Commis- 
sioners within  twenty  days  immediately  preceding  an  elec- 
tion. And  that  no  resignation  shall  be  filed  with  or  re- 
ceived by  any  County  Board  of  Election  Commissioners 
within  fifteen  days  immediately  preceding  an  election: 
Provided,  further.  That  should  any  vacancy  on  the  ticket 
occur  by  reason  of  the  death  of  any  candidate  whose  name 
has  been  legally  certified,  such  vacancy  shall  be  filled  as 
now  provided  by  law.  (R.  S.  1908  and  1914,  §6905;  R.  S. 
1901,  §6220a;  R.  S.  1897,  §6521.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

94.  Vacancy  in  Nominations. 

27.  In  case  of  the  death,  removal  or  registration  of  any 
candidate  after  the  printing  of  such  ballots  and  before 
such  election,  it  shall  be  lawful  for  the  chairman  of  the 
State,  district  or  county  political  organization  of  which 
such  candidate  was  a  member  to  make  a  nomination  to  fill 


136  GENERAL    LAWS 

such  vacancy,  and  provide  the  Election  Board  of  each  pre 
cinct  in  which  such  candidate  is  to  be  voted  for  with  a  num 
ber  of  pasters  containing  onl}'  the  name  of  such  candidate 
at  least  equal  to  the  number  of  ballots  provided  each  pre- 
cinct, but  no  pasters  shall  be  given  to  or  received  by  any 
one  except  such  Election  Board  and  such  chairman,  and  it 
shall  be  the  duty  of  the  Polling  Clerk  to  put  one  of  such 
pasters,  in  a  careful  and  proper  manner  and  in  the  proper 
place,  on  each  ticket  before  they  shall  sign  their  initials 
thereon.  (R.  S.  1908  and  1914,  §6909;  R.  S.  1901,  §6223;  R. 
S.  1897,  §6522;  R.  S.  1894,  §6223;  B.  S.,  §1349.) 


i 


95.  Printer's  Duties — Penalty. 

28.  If  the  printer  of  such  ballots,  or  any  person  em 
ployed  in  printing  the  same,  shall  give  or  deliver,  or  know- 
ingly permit  to  be  taken,  any  of  said  ballots  by  any  person 
other  than  a  member  of  the  Board  of  Election  Commission- 
ers for  which  such  ballots  are  being  printed,  or  shall  print 
or  cause  or  permit  to  be  printed  any  ballot  in  any  other 
form  than  the  one  prescribed  by  this  Act,  or  with  any  other 
names  thereon,  or  with  the  names  spelled  or  the  names  or 
devices  thereon  arranged  in  any  other  way  than  that  au- 
thorized and  directed  by  the  said  Board  of  Election  Com- 
missioners, he  shall  be  guilty  of  felony,  and  on  conviction 
thereof  shall  be  imprisoned  in  the  State  penitentiary  not 
less  than  three  nor  more  than  ten  years,  and  be  disfran- 
chised for  any  determinate  period  not  less  than  ten  vears. 
(R.  S.  1908  and  1914,  §6910;  R.  S.  1901,  §6224;  R.  S.'l897, 
§6523;  R.  S.  1894,  §6224;  E.  S.,  §1350.) 

[1907,  p.  282.    Approved  March  9,  1907.    In  force  March  9,  1907.] 

96.  Distributing  Ballots. 

1.  It  shall  be  the  duty  of  each  County  Clerk  to  appear 
in  person,  or  by  specially  authorized  deputy  bearing  cre- 
dentials given  under  the  seal  of  the  Circuit  Court,  at  the 
office  of  the  Grovemor  of  the  State,  not  more  than  sixteen 
nor  less  than  ten  days  prior  to  each  general  election,  and 
the  State  Board  of  Election  Commissioners  shall  thereupon 
deliver  to  said  Clerk  a  number  of  ballots  equal  [to]  the 


CONCERNING    ELECTIONS.  137 

number  of  voters  in  each  precinct  of  his  county  at  the  last 
presidential  election,  plus  25  per  cent,  of  such  number  of 
voters;  or,  if  a  new  precinct  has  been  established  in  such 
county  said  Board  of  Election  Commissioners  shall  deliver 
to  said  clerk  a  number  of  ballots  equal  to  the  estimated  vote 
in  such  new  precinct  as  reported  by  the  Board  of  County 
Commissioners  of  the  county  wherein  the  same  is  located, 
plus  25  per  cent,  of  said  estimated  vote:  Provided,  how- 
ever. That  if  it  shall  be  made  to  appear  by  the  affidavit  of 
such  Clerk  that  any  precinct  has  so  increased  in  population 
as  to  have  50  per  cent,  more  voters  than  at  the  last  presi- 
dential election,  or  at  the  time  of  estimate  by  the  Board  of 
County  Commissioners,  the  State  Board  of  Election  Com- 
missioners shall  deliver  to  him  a  number  of  ballots  equal 
to  the  number  of  voters  so  declared  by  him  under  oath  to 
be  resident  within  said  precinct,  plus  25  per  cent,  of  such 
number  of  voters.  The  ballots  shall,  in  the  presence  of  the 
Clerk,  be  wrapped  and  tied  in  packages,  plainly  marked, 
one  for  each  precinct,  and  securely  sealed  with  wax,  and 
the  Clerk  shall  give  his  receipt  for  the  same.  And  for  the 
safe  sealing  of  such  ballots,  such  Board  shall  provide  itself 
with  a  seal  of  such  design  as  it  may  deem  proper,  but  the 
same  design  shall  not  be  used  for  any  two  consecutive  elec- 
tions. The  State  Board  of  Election  Commissioners  shall 
also  provide  and  inclose  in  each  of  said  sealed  packages 
three  blue  pencils.  In  addition  to  the  precinct  packages, 
the  State  Board  of  Election  Commissioners  shall  deliver  to 
each  Clerk  a  package,  wrapped  and  sealed  in  his  presence, 
containing  two  thousand  State  ballots,  and  twelve  blue  pen- 
cils, which  package  shall  remain  in  the  custody  of  the 
County  Board  of  Election  Commissioners  and  shall  not  be 
opened  by  them  except  for  the  purpose  of  supplying  a  pre- 
cinct whose  ballots  or  pencils  have  been  lost  or  destroyed, 
on  due  showing  of  such  fact  as  hereinafter  provided.  The 
State  Board  of  Election  Commissioners  shall,  from  time  to 
time,  certify  to  the  Auditor  of  State  the  necessary  expenses 
of  the  preparation  and  distribution  of  the  State  ballots  and 
pencils,  and  the  Auditor  shall  audit  and  issue  his  warrants 
for  the  same,  which  shall  be  paid  out  of  any  funds  in  the 
State  treasury  not  otherwise  appropriated.  (R.  S.  1908  and 
1914,  §6911;  E.  S.  1901,  §6225;  E.  S.  1897,  §6524;  E.  S. 
1894,  §6225.) 


138  GENERAL    LAWS 

[1889,  p.  157.    Approved  Mai-ch  6,  1889.    In  force  May  10,  1889.] 

97.    Clerk's  Allowance — Special  Messenger. 

30.  An  allowance  shall  be  made  to  the  Clerk  by  the 
Board  of  County  Commissioners  of  five  cents  per  mile  for 
the  distance  necessarily  traveled  in  going  to  and  returning 
from  the  office  of  the  Governor  of  the  State;  but  in  case 
said  Clerk  of  any  county  shall  fail  to  appear  at  the  office  of 
the  Governor  of  the  State  by  the  close  of  the  tenth  day  prior 
to  the  election,  the  State  Board  of  Election  Commissioners 
shall  forthwith  dispatch  a  special  messenger  to  such  county 
with  the  ballots  for  the  county;  which  messenger,  before 
receiving  such  ballots,  shall  take  and  subscribe  to  an  oath, 
to  be  administered  to  him  by  the  Secretary  of  State,  which 
oath  shall  be  filed  with  said  Board  of  Election  Commission- 
ers, and  shall  be  in  the  words  following: 


1 


State  of  Indiana 
County 


fA,     T 


I, ,  swear  (or  affirm,  as  the  case  may  [be] 

that  I  will  take  charge  of  the  election  ballots  delivered  to 
me  by  the  State  Board  of  Election  Commissioners  for  the 

county  of ,  and  will  safely  deliver  said  ballots  in 

sealed  packages,  and  in  the  same  condition  as  received  by 
me,  to  the  Clerk  of  said  county  at  the  earliest  time  that  I 
can  reach  the  county  seat  of  said  county.    So  help  me  God. 

SubscrilDed  and  sworn  to  before  me  this day  of 

,19... 


And  in  such  case  said  messenger  shall  be  allowed  three 
dollars  per  day  for  the  time  necessarily  employed,  and  three 
cents  per  mile  for  the  distance  necessarily  traveled  by  him, 
which  allowance  shall  be  certified  to  the  Treasurer  of  such 
county,  and  deducted  from  the  first  moneys  thereafter  ac- 
cruing to  such  Clerk  payable  by  the  Treasurer.  The  amount 
so  deducted  shall'  be  remitted  by  the  County  Treasurer  to 
the  Treasurer  of  State.  (R.  S.  1908  and  1914,  §6912;  R.  S. 
1901,  §6226;  R.  S.  1897,  §6525;  R.  S.  1894,  §6226;  E.  S., 
§1352.) 


I 


CONOEENING   ELECTIONS.  139 

98.  Permitting  Ballots  ta  Be  Taken  Away — Penalty. 

31.  If  any  member  of  the  Board  of  Election  Commis- 
sioners shall  give  or  deliver  to  any  other  person  any  of  said 
ballots,  or  shall  permit  any  of  them  to  be  taken  away,  ex- 
cept as  herein  provided,  he  or  they  shall  l3e  gnilty  of  a  fel- 
ony, and  on  conviction  shall  be  pnnished  by  imprisonment 
in  the  State  penitentiary  for  not  less  than  three  nor  more 
than  ten  years,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  years.  (R.  S.  1908  and  1914,  §6913; 
R.  S.  1901,  §6227;  R.  S.  1897,  §6526;  R.  S'.  1894,  §6227;  E. 
S.,  §1353.) 

99.  Taking  Ballots  Away— Penalty. 

32.  If  any  person  shall  take  or  remove  in  any  manner 
feloniously  or  with  the  consent  or  permission  of  the  cus- 
todian for  the  time  from  any  place  where  they  may  law- 
fully be  under  this  Act,  any  of  such  ballots  or  stamps  [pen- 
cils], or  be  found  in  custody  or  possession  of  such  ballots 
or  stamps  [pencils]  (except  as  an  official  or  custodian  un- 
der this  Act,  or  while  within  the  polling  place  for  the  pur- 
pose of  voting) ;  or  if  any  such  custodian  or  official  shall 
consent  to,  or  permit,  any  of  such  ballots  or  stamps  [pen- 
cils] to  be  removed  or  carried  away  from  the  place  where 
they  may  lawfully  be  by  any  person  except  an  official  or 
custodian  under  this  Act  whose  duty  it  is  to  receive  the 
same,  such  person,  custodian  or  official  shall  be  deemed 
guilty  of  a  felony,  and  on  conviction  shall  be  punished  by 
imprisonment  in  the  penitentiary  at  hard  labor  for  not  less 
than  three  nor  more  than  ten  years,  and  be  disfranchised 
for  any  determinate  period  not  less  than  ten  years.  (R.  S. 
1908  and  1914,  §6914;  R.  S.  1901,  §6228;  R.  S.  1897,  §6527; 
R,  S.  1894,  §6228;  E.  S.,  §1354.) 

100.  Distribution  of  Ballots. 

33.  It  shall  be  the  duty  of  each  Election  Inspector,  or 
in  case  he  can  not  attend,  some  other  member  of  the  Elec- 
tion Board  authorized  in  writing  by  the  Inspector,  to  ap- 
pear at  the  office  of  the  Clerk  of  the  Circuit  Court  of  his 
county  not  more  than  three  nor  less  than  two  days  before 
each  election,  and  the  County  Board  of  Election  Commis- 
sioners shall  deliver  to  him  the  sealed  packages  of  ballots 


140  GENERAL    LAWS 

and  the  stamps  provided  for  his  precinct  by  the  State 
Board  of  Election  Commissioners,  and  also  ten  of  the  local 
ballots  printed  under  the  direction  of  the  Connty  Board  of 
Election  Commissioners  for  each  five  or  fraction  thereof  of 
the  number  of  votes  cast  at  such  precinct  at  the  last  presi- 
dential election;  or  if  a  new  precinct  for  each  five  or  frac- 
tion of  five  voters,  as  estimated  b^y  the  County  Commission- 
ers :  Provided,  however.  That  in  case  it  be  made  to  appear 
by  affidavit  of  such  Inspector  that  the  number  of  voters  in 
his  precinct  has  increased  more  than  fifty  per  cent,  since 
the  last  presidential  election  or  estimate  by  the  Board  of 
County  Commissioners,  there  shall  be  delivered  to  him  two 
ballots  for  each  voter  so  declared  under  oath  by  him  to  re- 
side in  the  precinct.  The  local  ballots  shall  be  wrapped 
and  tied  in  packages  and  securely  sealed  with  wax  in  the 
presence  of  said  Inspector  or  his  representative,  who  shall 
receipt  for  the  same;  and  for  the  safe  sealing  of  such  bal- 
lots the  County  Board  of  Election  Commissioners  shall  pro- 
vide themselves  wdth  a  seal  of  such  design  as  they  may 
deem  proper,  but  the  same  design  shall  not  be  used  at  any 
two  consecutive  elections,  and  said  packages  shall  not  be 
opened  until  delivered  to  the  Election  Board  of  the  respect- 
ive voting  precincts  to  which  they  are  directed,  and  said 
Boards  shall  be  fully  organized  and  ready  for  the  reception 
of  votes,  as  in  this  Act  provided.  (K  S'.  1908  and  1914, 
§6915;  E.  S.  1901,  §6229;  R.  S.  1897,  §6528;  R.  S.  1894, 
§6229;  E.  S.,  §1355.) 

[1897,  p.  49.    Approved  February  23,  1897.     In  force  April  14,  1897.1 

101.    Opening  Packages — Clerk's  Initials. 

8.  At  the  opening  of  the  polls,  after  the  organization 
of  and  in  the  presence  of  the  Election  Board,  the  Inspector 
shall  open  the  packages  of  ballots  in  such  a  manner  as  to 
preserve  the  seals  intact.  He  shall  then  deliver  to  the  Poll 
Clerk  of  the  opposite  political  party  from  his  own  twenty- 
five  each  of  the  State  and  local  ballots;  and  to  the  other 
Poll  Clerk  a  blue  pencil  for  marking  the  ballots.  The  Poll 
Clerks  shall  at  once  proceed  to  write  their  initials  in  ink  on 
the  lower  left-hand  comer  of  the  back  of  each  of  said  bal- 
lots in  their  ordinary  handwriting,  and  without  any  distin- 
guishing mark  of  any  kind.    As  each  successive  elector  calls 


CONCERNING    ELECTIONS.  141 

for  a  ballot  the  Poll  Clerks  shall  deliver  to  him  the  first 
signed  of  the  twenty-five  ballots  of  each  kind;  aad  the  In- 
spector shall  immediately  deliver  to  the  Poll  Clerks  an- 
other ballot  of  each  kind,  which  the  Poll  Clerks  shall  at  once 
countersign  as  before,  and  add  to  the  ballots  already  coun- 
tersigned, so  that  it  shall  be  delivered  for  voting  after  all 
those  theretofore  countersigned.  (R.  S.  1908  and  1914, 
§6916;  R.  S.  1901,  §6230;  E.  S.  1897,  §6529.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

102.  Cards — Instructions — Postng  Up  Ballots. 

35.  The  County  Board  of  Election  Commissioners  of 
each  county  shall  cause  to  be  printed  in  large  type  on  cards, 
in  English  and  such  other  language  as  they  deem  neces- 
sary, instructions  for  the  guidance  of  electors  in  preparing 
their  ballots.  They  shall  furnish  twelve  of  such  cards  4n 
each  of  the  languages  determined  upon  by  them  to  each  of 
the  Election  Inspectors  at  the  same  time  they  deliver  to 
him  the  ballots  for  his  precinct.  Each  Inspector  shall  cause 
to  be  posted  one  of  each  of  said  cards  in  each  place  or 
compartment  provided  for  the  preparation  of  ballots,  and 
one  of  each  kind  of  such  cards  at  or  near  to  the  outer  end 
of  the  chute  leading  to  the  polling  place,  and  not  nearer 
than  fifty  feet  of  the  polling  place,  and  not  less  than  three 
of  each  of  such  cards,  and  three  samples  of  each  of  the 
State  and  local  ballots  in  and  about  the  polling  place  at  the 
opening  of  the  polls  on  the  day  of  election,  which  sample 
ballots  shall  be  printed  on  different  colored  paper  than  the 
genuine  ballots.  Said  cards  shall  contain  full  instructions 
to  the  voters  as  to  what  must  be  done.  First,  to  obtain 
ballots  for  voting;  second,  to  prepare  the  ballots  for  vot- 
ing; third,  to  obtain  a  new  ballot  in  place  of  one  acciden- 
tally defaced,  mutilated  or  spoiled;  also  copies  of  Sees. 
43,  50,  55,  56,  59  and  60  of  this  Act.  (R.  S.  1908  and  1914, 
§6917;  R.  S.  1901,  §6231:  R.  S.  1897,  §6530;  R.  S.  1894, 
§6231;  E.  S.,  §1357.) 

103.  Special  Messenger. 

36.  In  case  any  Inspector  or  his  representative  shall 
fail  to  appear  at  the  office  of  the  County  Clerk  at  the  close 
of  the  second  day  prior  to  any  election,  the  County  Board 


142  GENERAL    LAWS 

of  Election  Commissioners  shall  forthwith  dispatch  a  spe- 
cial messenger  to  his  precinct  with  the  ballot  and  stamps 
[pencils]  for  such  precinct.  Such  messenger  shall  be  al- 
lowed two  dollars  for  his  time  and  five  cents  per  mile  for 
the  distance  necessarily  traveled  by  him,  and  shall  promptly 
report  to  such  Clerk  and  file  with  him  the  receipt  of  the  per- 
son to  whom  he  delivered  such  ballots  and  stamps  [pencils], 
and  his  affidavit  stating  when  and  to  whom  he  delivered 
such  ballots  and  stamps  [pencils] ,  and  such  Inspector  shall 
receive  no  compensation  for  his  services  at  such  election. 
(E,.  S.  1908  and  1914,  §6918;  R.  S.  1901,  §6232;  R.  S'.  1897, 
§6531;  K  S.  1894,  §6232;  E.  S.,  §1358.) 

104.  Failure  of  Inspector  to  Appear. 

37.  Any  Inspector  who  shall  wilfully  or  negligently  fail 
to  appear  at  the  Clerk's  office,  in  person  or  by  represent- 
ative, as  herein  provided,  shall  be  guilty  of  [a]  misde- 
meanor, and  on  conviction  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars,  and  shall  there- 
after be  incompetent  to  serve  as  Inspector.  (R.  S.  1908  and 
1914,  §6919;  R.  S.  1901,  §6233;  R.  S.  1897,  §6532;  R.  S. 
1894,  §6233;  E.  S.,  §1359.) 

105.  Ballots  Lost. 

38.  If  by  any  accident  or  casualty  the  ballots  delivered 
to  any  Clerk,  Inspector,  or  other  messenger  shall  be  lost 
or  destroyed,  it  shall  be  the  duty  of  such  persons  in  cus- 
tody to  report  the  loss  at  once  to  the  Board  of  Election 
Commissioners  from  which  the  same  were  obtained,  and 
make  affidavit  of  the  circumstances  of  the  loss,  whereupon 
such  Board  shall  at  once  re-supply  such  person.  In  case 
such  person  in  custody  fails  or  refuses  to  report  and  make 
proof  of  the  loss,  any  qualified  elector  may  do  so,  and  there- 
upon such  Board  shall  at  once  send  a  new  supply  by  spe- 
cial messenger,  as  provided  in  other  cases.  In  case,  for 
any  reason,  there  should  be  found  no  ballots  or  other  neces- 
sary means  or  contrivances  for  voting  at  the  opening  of  the 
polls,  it  shall  be  the  duty  of  the  Election  Board  to  secure 
the  same  as  speedily  as  possible;  and,  if  necessary,  such 
Board  may  have  ballots  printed :  Provided,  however,  That 
such  ballots  shall  conform  as  nearly  as  possible  to  the  gen- 


CONCERNING   ELECTIONS.  143 

uine  ballots,  and  the  printing  and  the  care  of  the  same  shall 
be  under  the  same  provisions  and  penalties  as  the  printing 
and  care  of  the  other  ballots  prescribed  in  this  Act.  (K  S. 
1908  and  1914,  §6920;  R.  S.  1901,  §6234;  R.  S.  1897,  §6533; 
R.  S.  1894,  §6234;  E.  S.,  §1360.) 

106.  Destroying"  Ballots  Not  Used — Record. 

39.  The  various  Boards  of  Election  Commissioners  shall 
preserve  the  ballots  that  are  left  over  in  their  hands  after 
supplying  the  precincts  as  hereinbefore  provided,  until  6 
o'clock  p.  m.  of  the  day  of  election,  and  shall  then  count  and 
destroy,  by  totally  consuming  by  fire,  all  of  such  ballots  but 
one,  which  shall  be  securely  pasted  in  the  election  record 
immediately  preceding  the  place  where  the  vote  is  to  be 
recorded.  They  shall  also  cause  to  be  entered  below  such 
ballot  the  number  of  ballots  printed  by  them,  the  number 
delivered  to  each  messenger  and  the  number  destroyed  by 
them.  (R.  S.  1908  and  1914,  §6921;  R.  S.  1901,  §6235;  R. 
S.  1897,  §6534;  R.  S.  1894,  §6235;  E.  S.,  §1361.) 

[1897,  p.  49.    Approved  February  23,  1897.    In  force  April  14,  1897.] 

107.  Rooms — Booths. 

6.  It  shall  be  the  duty  of  the  County  Commissioners  in 
each  county  before  each  election  to  provide  for  and  secure 
in  each  precinct  of  the  county  a  suitable  room  in  which  to 
hold  the  election,  and  to  have  placed  therein  a  railing  sepa- 
rating the  part  of  the  room  to  be  occupied  by  the  Election 
Board  from  the  remainder  of  the  room,  and  also  three 
booths,  or  compartments,  in  which  electors  shall  mark  their 
ballots,  screened  from  observation,  each  containing  a  coun- 
ter or  shelf.  Booths  shall  be  so  constructed  and  arranged 
that  all  the  members  of  the  Election  Board  can  see  whether 
more  than  one  voter  enters  any  one  of  such  booths  at  one 
time,  and  each  and  every  member  of  any  Election  Board 
allowing  any  booth  or  compartment,  in  which  an  elector  is 
preparing  his  ballot,  to  be  used  without  a  screen  or  such 
screen  being  so  arranged  as  not  to  shield  the  preparation 
of  the  ballot  from  observation,  shall  upon  conviction  there- 
for, be  fined  for  each  offense  in  any  sum  not  exceeding  one 
hundred  dollars  ($100)  nor  less  than  five  dollars  ($5),  to 
which  may  be  added  imprisonment  in  the  county  jail  not 


144  GENERAL    LAWS 


I 


exceeding  nin[e]ty  days.  The  portion  of  the  room  set  apart 
for  the  Election  Board  shall  include  a  window,  at  which 
the  voter  shall  appear  for  challenge,  and  such  voter  shall 
immediately  announce  his  full  and  true  name  to  the  chal- 
lengers. The  Board  of  County  Commissioners  shall  also 
provide  for  each  precinct  a  chute  or  passage  with  a  rail- «j 
ing,  rope  or  wire  on  each  side  commencing  fifty  feet  away^j 
from  and  leading  to  such  polling  place,  passing  such  win- 
dow for  challenge  and  thence  to  the  entrance  of  the  room 
in  which  the  election  is  held.  The  expenses  of  such  prep- 
aration shall  be  defrayed  as  other  expenses  of  the  county 
by  the  Board  of  County  Commissioners.  No  election  shall 
be  held  in  a  room  in  which  spirituous,  vinous,  malt  or  other 
intoxicating  liquors  are  kept  or  sold.  (R.  S'.  1908  and  1914, 
§6922;  E.  S.  1901,  §6236;  R.  S.  1897,  §6535.) 


1 


[1899,  p.  60.    Approved  February  17,  1899.     In  force  April  28,  1899.] 

108.    Challengers — ^Who  May  Stand  Near  Polls. 

41.  One  challenger  and  one  poll-book  holder,  appointed 
and  designated  by  each  party  organization,  shall  be  en- 
titled to  stand  at  the  sides  of  the  chute  near  the  challenge! 
window.  No  other  person  shall  remain  within  fifty  feet  of] 
the  same,  except  for  the  purpose  of  offering  his  vote;  and 
voters  shall  approach  and  enter  the  chute  in  the  order  in 
which  they  appear  for  the  purpose  of  voting.  If  any  person 
offering  to  vote  shall  be  challenged  by  one  of  such  chal- 
lengers or  by  any  member  of  the  Election  Board,  he  shall 
stand  aside  and  shall  not  be  entitled  to  vote  unless  he  makes 
affidavit  in  writing  that  he  is  a  qualified  and  legal  voter  of 
the  precinct,  and  in  such  affidavit  sets  forth  his  name,  resi- 
dence, occupation,  place  or  places  of  residence  during  t?ie 
six  months  prior  to  the  election,  with  the  date  of  any  re- 
moval within  that  time,  and  the  names  of  two  persons  who 
have  personal  knowledge  of  his  residence  in  the  precinctW 
thirty  days  and  the  township  sixty  days,  and  shall,  in  case  ■' 
he  be  a  person  required  by  this  Act  to  be  registered,  also 
produce  the  necessary  certificate  of  registration  provided! 
for  in  this  Act.  He  shall  then  be  allowed  to  vote,  unless] 
the  challenger  or  some  qualified  voter  of  the  precinct  mak( 
affidavit  in  writing  that  he  knows  or  is  informed  and  veril; 
believes  that  the  person  offering  to  vote  is  not  a  legal  vote] 


CONCERNING    ELECTIONS.  145 

in  the  precinct;  and  if  the  affidavit  be  on  information  and 
belief  he  shall  set  forth  the  names  of  the  person  or  per- 
sons from  whom  such  information  was  obtained,  and  the 
person  offering  to  vote  shall  not  thereafter  be  allowed  to 
vote,  except  one  qualified  voter  of  the  precinct,  who  has 
been  a  freeholder  and  resident  householder  in  the  precinct 
for  at  least  one  year  or  a  resident  householder  for  two  years 
next  preceding  such  election  shall  make  affidavit  or  affirma- 
tion in  writing  that  of  his  personal  knowledge  such  person 
offering  to  vote  is  a  legal  voter  at  the  precinct:  Provided, 
That  if  the  person  offering  to  vote  shall  make  affidavit  that 
there  is  no  person  of  his  political  party  residing  in  the  pre- 
cinct who  has  been  a  freeholder  or  resident  householder  as 
provided  for  in  this  Act,  then  the  affidavit  or  affirmation 
of  any  qualified  voter  shall  be  accepted  by  said  Election 
Board:  Provided  further.  That  if  such  person  so  offering 
to  vote  be  challenged  solely  or  for  the  additional  reason 
that  he  is  not  a  citizen  of  the  United  States,  then  such  per- 
son so  challenged  for  such  reason  shall  take  and  subscribe 
the  following  oath : 

I  do  solemnly  swear  (or  aflSrm,  as  the  ease  may  be)  that  I  have  resided 
in  the  United  States  one  year,  and  have  declared  my  intention  of  becoming 
a  citizen  thereof  in  conformity  with  the  laws  thereof. 


The  other  affidavits  herein  referred  to  shall  be  in  the 
following  form : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  am  a  citizen 
of  the  United  States ;  that  I  am  now  over  the  age  of  twenty-one  years,  to 
the  best  of  my  information  and  belief;  and  that  I  have  been  a  bona  fide 
resident  of  this  State  for  six  months  immediately  preceding  this  election; 
that  I  have  resided  in  the  township  sixty  days  and  in  the  precinct  thirty 
days,  and  that  I  am  a  bona  fide  resident  of  this  precinct ;  that  I  am  gener- 
ally known  by  the  name  in  which  I  now  desire  to  vote,  which  is 

;   that  I  have  not  voted  and  will  not  vote  in  any  other 

precinct  in  this  election ;   that  my  occupation  is ;   that 

my  present  residence  is (if  in  the  city  or  town  give 

the  street  or  number),  and  that  during  the  last  six  months  prior  to  this 

election  I  have  resided  at ,  I  have  removed  from 

to on  the  following  date ; 

and  that and have  personal  knowledge  of 

my  residence  in  the  precinct  thirty  days  and  in  the  township  sixty  days. 


10—1779 


146  QEITOEAL   LAWS 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  there  is  no 
legal  voter  in  this  precinct  who  has  been  a  freeholder  and  resident  house- 
holder in  the  precinct  for  one  year,  or  a  resident  householder  for  two  years 
next  preceding  this  election,  belonging  to  the  same  political  party  to  which 
I  belong  and  whose  candidates  I  wish  to  support. 


I  swear  that  I  am  informed  and  believe  that now 

offering  to  vote,  is  not  a  legal  voter  in  this  precinct,  and  that  I  obtained 
such  information  from and 


I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  am  a  quali- 
fied voter  in  this  precinct ;   that ,  who  now  desires  to  vote, 

has  resided  in  this  State  for  six  months  immediately  preceding  this  elec- 
tion ;   that  he  has  resided  in  this  township  sixty  days,  and  in  this  precinct 

thirty  days,  at ;   that  he  is  now  a  bona  fide  resident 

of  this  precinct  and  a  legal  voter  therein.    These  facts  I  know  of  my  own 
personal  knowledge. 


I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  am  a  quali- 
fied voter  in  this  precinct;  that  I  have  been  a  freeholder  and  resident 
householder  in  this  precinct  for  one  year,  or  a  resident  householder  for 

two  years  next  preceding  this  election ;    that ,  who  now 

desires  to  vote,  has  resided  in  this  State  for  six  months  immediately  pre- 
ceding this  election ;   that  he  has  resided  in  this  township  sixty  days,  and 

in  this  precinct  thirty  days,  at   ;    that  he  is  now  a  bona 

fide  resident  of  this  precinct  and  a  legal  voter  therein.     These  facts  I 
know  of  my  own  personal  knowledge. 


I 


(R.  S.  1908  and  1914,  §6923;  R.  S.  1901,  §6237. 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

109.    Arrest  of  Illegal  Voter. 

42.  If  at  any  time  during  the  election  any  qualified 
elector  shall  make  affidavit  before  the  Inspector  that  any 
person  who  has  voted  is  an  illegal  voter  in  such  precinct,  the 
person  accused  shall  at  once  be  arrested  by  the  Election 
Sheriffs  and  by  them  delivered  to  the  civil  authorities.  Im- 
mediately after  the  close  of  the  election  the  Inspector  shall 
deliver  such  affidavit  to  some  Justice  of  the  Peace  in  the  Mi 
township,  who  shall  proceed  thereon  as  if  the  affidavit  had  ^ - 
been  made  before  him.  (R..  S.  1908  and  1914,  §6924;  E.  S 
1901,  §6238;  E.  S.  1897,  §6537;  R.  S.  1894,  §6238;  E.  S., 
§1364.) 


I 


CONCERNING    ELECTIONS. 


147 


110.  Perjury,  False  Affidavit. 

43.  Whoever  shall  knowingly  or  wilfully  make  a  false 
affidavit,  under  any  of  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  perjury.  (E.  S.  1908  and  1914,  §6925 ;  R. 
S.  1901,  §6239;  R  S.  1897,  §6538;  R.  S.  1894,  §6239;  E.  S~ 
§1365.) 

[1891,  p.  124.    Approved  March  6,  1891.    In  force  June  3,  1891.] 

111.  Election  Holidays — Preventing  Employes  Voting. 

44.  No  person  entitled  to  vote  at  any  general.  National, 
State  or  county  election  shall  be  employed  upon  the  day  on 
which  such  election  shall  be  held  in  any  manufacturing,  min- 
ing, mechanical  or  mercantile  establishment  or  any  railroad 
corporation  in  this  State  during  the  period  of  four  hours 
after  the  opening  of  any  election  in  the  county  in  which  such 
person  is  entitled  to  vote,  except  as  to  works  of  necessity, 
in  which  works  of  necessity  every  employe  shall  be  given 
some  period  of  four  hours  between  the  opening  and  closing 
of  the  polls  on  said  day ;  and  any  Circuit  Court  may  enforce 
the  provisions  of  this  section  in  term  time  or  in  vacation  by 
mandate,  or  otherwise,  upon  the  application  of  any  voter: 
Provided,  however.  That  in  any  such  establishment  or  cor- 
poration the  employer  or  employes  may  agree  on  any  four 
hours  between  the  opening  and  closing  of  the  polls  that  will 
be  most  convenient.  Every  officer  of  any  corporation,  own- 
er, superintendent,  overseer  or  foreman,  who  employs  or 
permits  to  be  employed  any  person  in  violation  of  this  sec- 
tion, shall  be  guilty  of  a  misdemeanor,  and  fined  not  less 
than  fifty  nor  more  than  five  hundred  dollars.  (E.  S.  1908 
and  1914,  §6926;  R.  S.  1901,  §6240;  R.  S.  1897,  §6539;  R.  S. 
1894,  §6240.) 

[1897,  p.  49.    Approved  February  23,  1897.    In  force  April  14,  1897.] 

112.  Manner  of  Voting. 

3.  When  a  voter  shall  have  been  passed  by  the  chal- 
lengers or  shall  have  been  sworn  in,  he  shall  be  admitted  to 
the  election  room :  Provided,  however.  That  not  more  than 
three  voters  shall  be  allowed  in  the  room  at  one  time.  On 
entering  the  room  the  voter  shall  announce  his  name  to  the 
Poll  Clerks,  who  shall  register  it.  The  Clerk  holding  the 
ballots  shall  deliver  to  him  one  State  and  one  local  ballot, 


148  GENERAL    LAWS 


1 


and  the  other  Clerk  shall  thereupon  deliver  to  him  a  blue 
pencil,  and  both  Poll  Clerks,  on  request,  shall  give  explana 
tion  of  the  manner  of  voting.  If  deemed  necessary  by  any 
member  of  the  Board  an  interpreter  may  be  called.  The 
voter  shall  then,  and  without  leaving  the  room,  go  alone  into 
any  one  of  the  booths  which  may  be  unoccupied  and  indi- 
cate the  candidates  for  whom  he  desires  to  vote  by  making 
a  cross,  thus  X  on  the  square  immediately  preceding  their 
names,  and  indicate  his  preference  on  any  question  of  con- 
stitutional amendments  or  other  special  matter  by  a  similar 
mark  in  front  of  the  words  ^^yes''  or  *^no'^  under  such  ques- 
tions :  Provided,  however.  That  if  he  shall  desire  to  vote 
for  all  the  candidates  of  one  party  or  group  of  petitioners  he 
may  mark  in  the  large  circle  enclosing  the  device  and  preced- 
ing the  title  under  which  the  candidates  of  such  party  or 
group  of  petitioners  are  printed,  and  the  vote  shall  then  be 
counted  for  all  the  candidates  under  that  title.  If  the  voter 
marks  on  the  large  circle  enclosing  the  device  he  shall  not 
mark  elsewhere  on  the  ballot,  unless  there  be  no  candidate 
for  some  office  in  the  list  printed  under  such  device,  in  which 
case  he  may  indicate  his  choice  for  such  office  by  marking 
the  square  to  the  left  of  the  name  of  any  candidate  for  such 
office  on  any  other  list.  A  mark  on  the  ballot  in  violation  of 
this  provision  shall  be  treated  as  a  distinguishing  mark.  If 
a  pencil  mark  touches  a  circle  or  a  square  it  shall  be  counted 
on  such  circle  or  square,  but  a  mark  that  touches  no  circle  or 
square  shall  be  treated  as  a  distinguishing  mark.  Before 
leaving  the  booth  or  compartment  the  voter  shall  fold  his 
ballots  separately  so  that  no  part  of  the  faces  thereof  shall 
be  exposed,  and  so  that  the  initials  of  the  Poll  Clerks  shall 
be  exposed,  and  on  leaving  the  booth  or  compartment  shall 
return  the  pencil  to  the  Poll  Clerk  and  deliver  the  ballots  to 
the  Inspector,  or  to  the  Judge  who  may  temporarily  bo 
authorized  to  act  for  him  who  shall  forthwith,  in  the  pres- 
ence of  the  voter  and  of  the  Election  Board,  deposit  the 
same  in  the  respective  boxes,  the  State  ballot  in  the  red  bal- 
lot box,  and  the  local  ballot  in  the  white  ballot  box;  and  the 
Ballot  Clerks  shall  write  the  word  **  voted '^  after  the  nam 
of  the  voter  on  the  poll  lists :  Provided,  however.  That  i 
an  elector  shall  show  his  ballot  or  any  part  thereof  to  an 
other  person,  after  the  same  shall  have  been  marked,  so  as 
to  disclose  any  of  the  candidates  voted  for,  such  ballots  shall 


CONCERNING    ELECTIONS.  149 

not  be  deposited  in  the  ballot  box.  A  minute  of  such  occur- 
rence shall  be  made  on  the  poll  list  and  such  person  shall  not 
be  allowed  to  vote  thereafter.  If  a  voter  shall  offer  to  vote 
a  ballot  so  folded  as  not  to  disclose  the  initials  of  the  Poll 
Clerks  and  also  not  disclosing  the  face  of  the  ballot,  the 
Election  Board  shall  direct  him  to  return  to  the  booth  and 
fold  his  ballot  properly.  After  voting  the  voter  shall  leave 
the  room,  but  no  voter  to  whom  a  ballot  and  pencil,  or  either, 
have  been  delivered  shall  be  permitted  to  leave  the  room 
without  voting  the  ballots  or  returning  them  to  the  Poll 
Clerk,  or  without  returning  the  pencil  to  the  Poll  Clerk  from 
whom  he  received  it.  It  shall  be  unlawful  for  any  voter  to 
attempt  to  leave  the  room  with  a  ballot  or  the  pencil  used  in 
marking  ballots  in  his  possession.  And  any  voter  who  shall 
attempt  to  leave  the  room  with  a  ballot  or  such  pencil  in  his 
possession  shall  be  at  once  arrested  on  demand  of  any  mem- 
ber of  the  Election  Board.  (R.  S.  1908  and  1914,  §6927 ;  R. 
S.  1901,  §6241;  R.  S.  1897,  §6540.) 

11891,  p.  130.    Approved  March  6,  1891.     In  force  June  3,  1891.  J 

113.     *  Taster  Ballots.^' 

46.  In  addition  to  the  State  and  local  ballot  which  the 
Clerk  is  to  deliver  to  the  voter  in  the  election  room  under  the 
provisions  of  Section  45  of  the  Acts  of  which  this  Act  is  an 
amendment,  the  voter  may  take  with  him  into  the  booth  a 
printed  ballot  or  ballots  of  his  own  selection  or  preparation 
to  be  known  as  a  paster  ballot  or  ballots,  and  designed  to  be 
pasted  upon  either  such  State  or  local  ballot,  or  upon  each 
of  them.  If  such  paster  ballot  is  designed  to  be  pasted  upon 
the  State  ballot,  it  shall  be  in  the  nature  of  a  complete  ticket 
and  shall  contain  a  complete  list  of  all  offices  to  be  filled  at 
the  election  where  used  by  the  vote  of  the  electors  of  the 
whole  State,  and  shall  contain  the  name  of  one  person  for 
each  and  every  one  of  such  offices.  If  such  paster  ballot  is 
designed  to  be  pasted  upon  the  local  ballot  it  shall  be  in  the 
nature  of  a  complete  ticket,  and  contain  a  complete  list  of  all 
offices  to  be  filled  at  such  election  for  the  filling  of  which  the 
electors  of  the  county  where  used  are  entitled  to  vote  other 
than  offices  which  are  filled  by  the  vote  of  the  electors  of  the 
whole  State,  and  it  shall  also  contain  the  name  of  one  person 


l50  ge]s:eral  laws 

for  each  and  every  one  of  such  offices  in  such  list.    The  said 
paster  ballots  shall  be  in  the  form  indicated  as  follows : 

For  Governor, 
COUHTLAND  C.  MATSON. 

For  Lieutenant-Governor, 
WILLIAM  R.  MYERS. 

They  shall  be  printed  in  plain  black  ink  upon  white  pa- 
per. The  paper  shall  not  be  more  than  two  inches  in  width, 
and  of  sufficient  length  to  contain  the  complete  list  of  offices 
and  names  as  above  specified.  The  names  of  the  persons 
upon  said  list,  as  well  as  of  the  offices,  shall  be  printed  one 
below  another  in  the  manner  above  indicated.  The  distance 
from  the  center  of  the  name  of  any  person  in  such  list  to  the 
center  of  the  name  of  the  person  immediately  below  in  such 
list  shall  be  three -fourths  of  an  inch,  in  order  that  the  names 
in  such  list  when  pasted  upon  the  State  or  local  ballot  will 
conform  to  the  squares  thereon.  Such  pasters  shall  contain 
no  heading,  no  printing  save  as  above  indicated,  no  writing, 
no  blank  nor  any  distinguishing  marks  of  any  kind  what- 
ever. Such  paster  ballot  may  be  gummed  upon  the  back  and 
pasted  upon  the  State  or  local  ballot  accordingly  as  it  is 
designed  in  such  manner  as  that  the  squares  upon  the  State 
or  local  ballot  to  the  left  of  any  list  of  names  printed  thereon 
will  come  immediately  to  the  left  of,  and  opposite  respect- 
ively the  names  printed  upon  such  paster  ballot  and  in  such 
manner  as  that  the  State  or  local  ballot  will  not  show  when 
folded  that  it  contains  a  paster.  The  voter  may  then  indi- 
cate his  choice  for  any  office  by  stamping  [marking]  the 
square  upon  the  State  or  local  ballot  immediately  to  the  left 
of  the  name  printed  upon  such  paster  ballot  when  pasted. 
He  shall  in  no  other  manner  attempt  to  indicate  his  choice^ 
Any  stamps  [marks]  upon  the  State  or  local  ballot  else- 
where shall  be  deemed  a  distinguishing  mark  and  render  the 
ballot  void.  If  the  ballot  contains  no  distinguishing  mark^ 
the  Election  Board  shall  deem  and  count  as  the  voters 
choice  the  names  of  the  persons  upon  such  paster  ballot  hav- 
ing the  square  immediately  to  the  left  stamped  [marked]  j 
and  they  shall  count  none  other.  It  shall  be  unlawful  for  ani 
person  to  use  the  paster  ballot  provided  for  in  this  sectioi 


CONCERNING   ELECTIONS.  151 

unless  he  desires  to  vote  for  one  or  more  persons  for  one  or 
more  offices  respectively  to  be  filled  at  such  election,  the 
names  of  which  person  or  persons  are  not  printed  upon  the 
State  or  local  ballot,  as  the  case  may  be,  as  a  candidate  or 
candidates  for  such  office  or  offices  respectively.  And  any 
paster  which  contains  the  names  of  persons  only  for  the 
respective  offices  whose  names  are  printed  upon  the  State  or 
local  ballots  as  candidates  for  the  same  offices  respectively 
shall  be  void  and  the  ticket  containing  the  name  shall  not  be 
counted.  The  voter  who  attempts  to  use  a  paster  ballot  un- 
der the  provisions  of  this  section  must  prepare  or  select  a 
paster  ballot  containing  a  complete  list  of  names  for  every 
office  for  whom  he  desires  to  vote  and  must  vote  for  names 
contained  upon  the  paster  and  none  other.  If  a  State  or 
local  ballot  contains  a  paster  placed  thereon  by  the  voter,  as 
provided  for  in  this  section,  any  stamp  [mark]  upon  such 
State  or  local  ballot  other  than  are  on  the  squares  at  the  left 
of  the  paster  ballot  shall  be  deemed  a  distinguishing  liiark 
and  render  the  whole  ticket  void.  Every  violation  of  the 
provisions  of  this  section  by  a  voter  shall  be  deemed  to  be  an 
attempt  to  distinguish  his  ballot  and  shall  render  the  same 
entirely  void.  (R.  S.  1908  and  1914,  §6928;  R.  S.  1901, 
§6242;  R.  S.  1897,  §6541;  R.  S.  1894,  §6242.) 

114.    Number  of  Persons  in  Booths — Spoiling  Ballots. 

47.  Not  more  than  one  person  shall  be  permitted  to 
occupy  any  booth  at  one  time,  and  no  person  shall  remain 
in  or  occupy  a  booth  longer  than  may  be  necessary  to  pre- 
pare his  ballot  and  in  no  event  longer  than  five  minutes. 
Not  more  than  three  persons  other  than  the  election  officers 
shall  be  permitted  to  enter  or  be  in  the  election  room  at  any 
one  time,  and  no  voter  or  person  offering  to  vote  shall  hold 
any  conversation  or  communication  with  any  other  person 
than  a  member  of  the  Election  Board  while  in  the  election 
room.  Any  person  who  shall  by  accident  or  mistake  spoil, 
deface  or  mutilate  his  ballot  may,  on  returning  the  same  to 
the  Poll  Clerks  and  satisfying  them  that  such  spoiling,  de- 
facing or  mutilation  was  not  intentional,  receive  another  in 
place  thereof,  and  such  Clerks  shall  make  a  minute  of  the 
fact  on  the  poll  list  at  the  time,  and  the  mutilated  ballot  shall 
then  be  destroyed  by  the  elector  in  the  presence  of  the 


152  GENERAL    LAWS 


I 


Board.  (R.  S.  1908  and  1914,  §6929;  R.  S.  1901,  §6243;  R. 
S.  1897,  §6542;  R.  S.  1894,  §6243.) 


[1891,  p.  132.    Approved  March  6,  1891.    In  force  June  3,  1891.] 

115.    Illiterate  Voters. 


48.  Any  elector  who  declares  that  by  reason  of  physi- 
cal disability  or  inability  to  read  the  English  language,  he  is 
unable  to  mark  his  ballot,  may  declare  his  choice  of  candi- 
dates to  the  Poll  Clerks,  who,  in  the  presence  of  the  elector 
and  in  the  presence  of  each  other,  shall  prepare  the  ballots 
for  voting  in  the  manner  hereinbefore  provided,  and  on 
request  shall  read  over  to  such  elector  the  names  of  the  can- 
didates as  marked.  Any  one  making  a  false  declaration 
under  the  provisions  of  this  section  shall,  upon  conviction, 
be  fined  in  any  sum  not  exceeding  five  dollars  and  be  dis- 
franchised for  a  period  of  five  years,  and  any  Poll  Clerk  or 
Poll  Clerks  who  shall  deceive  any  elector  in  selecting  or 
marking  his  ballot,  or  mark  the  same  in  any  other  way  than 
as  requested  by  said  elector,  shall  be  guilty  of  felony,  and 
on  conviction  shall  be  imprisoned  in  the  penitentiary  for  not 
less  than  two  nor  more  than  ^ve  years,  and  be  disfranchised 
for  any  determinate  period  not  less  than  five  years :  Pro- 
vided, That  before  the  Poll  Clerk  shall  so  prepare  the  ballot 
of  said  elector,  the  said  elector  shall,  in  the  presence  of  the 
Board,  make  affidavit  in  writing  that  he  is  unable  to  read 
the  English  language,  or  that  by  reason  of  physical  disabil- 
ity, setting  out  the  particulars  in  which  said  physical  disa- 
bility exists,  he  is  unable  to  mark  his  ballot.  (R.  S.  1908  and 
1914,  §6930;  R.  S.  1901,  §6244.) 

[1891,  p.  133.    Approved  March  6,  1891.    In  force  Jmie  3,  1891.1 

116.    Distinguishing  Marks — Penalty. 

49.  No  Inspector  of  Elections,  or  Judge  acting  for  ai 
Inspector,  shall  deposit  any  ballot  upon  which  the  initials  oJ 
the  Poll  Clerks,  as  hereinbefore  provided  for,  does  not 
appear,  or  any  ballot  on  which  appears  externally  any  dis- 
tinguishing mark,  defacement  or  mutilation.  If  any  In- 
spector, Judge,  Poll  Clerk  or  other  person  entrusted  with' 
the  custody  and  control  of  any  ballot  or  ballots,  either  be- 
fore or  after  they  have  been  voted,  shall  in  any  way  mark, 
mutilate,  or  deface  any  ballot  or  place  any  distinguishing 


CONCERNING    ELECTIONS.  153 

mark  thereon,  either  for  the  purpose-  of  identifying  the 
same  (except  by  numbering  protested  ballots  for  future  ref- 
erence) or  for  the  purpose  of  vitiating  the  same,  he  shall  be 
guilty  of  a  felony,  and  on  conviction  shall  be  imprisoned  in 
the  State's  prison  not  more  than  ten  nor  less  than  five  years 
and  fined  in  any  sum  not  exceeding  two  thousand  dollars. 
(R.  S.  1908  and  1914,  §6931;  R.  S.  1901,  §6245;  R.  S.  1897, 
§6544;  R.  S.  1894,  §6245.) 

[1889,  p.  124.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

117.  Taking  Ballots  from  Election  Room — Penalty. 

50.  Any  person  who  shall  remove  or  attempt  to  remove 
a  ballot  or  stamp  [pencil]  from  the  election  room,  or  having 
in  his  possession  outside  the  election  room,  any  ballot  or 
stamp  [pencil]  either  genuine  or  counterfeit,  during  the 
election,  shall  be  guilty  of  felony,  and  on  conviction  shall  be 
imprisoned  in  the  penitentiary  not  less  than  two  nor  more 
than  five  years,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  years.  (R.  S.  1908  and  1914,  §6932 ; 
R.  S.  1901,  §6246;  R.  S.  1897,  §6545;  R.  S.  1894,  §6246;  E. 
S.,  §1372.) 

118.  Counting  and  Destroying  Ballots. 

51.  Immediately  on  closing  the  polls,  the  board  shall 
count  all  the  ballots  remaining  unvoted,  record  the  number 
of  the  same  on  the  tally  sheets,  and  destroy  all  of  such  bal- 
lots by  totally  consuming  by  fire.    (R.  S.  1914,  Sec.  6933.) 

[Acts  1909,  p.  162.     S.  49,  approved  March  5,  1909.] 

119.  Elections — Canvass  and  Count — Ballots  Preserved. 

The  Election  Boards  shall,  in  canvassing  the  votes,  be- 
gin first  with  the  State  ballots  and  complete  them  before 
proceeding  .with  the  local  ballot,  by  laying  each  ballot  upon 
the  table  in  the  order  [in]  which  it  is  taken  from  the  ballot 
box ;  and  the  Inspector  and  the  Judge  of  Election  differing 
in  politics  from  the  Inspector  shall  view  the  ballots  as  the 
names  of  the  persons  voted  for  are  read  therefrom.  And 
in  the  canvass  of  the  votes  any  member  of  the  Election 
Board  may  protest  as  to  the  counting  of  any  ballot,  or  any 
part  thereof,  and  any  ballot  which  is  not  indorsed  with  the 
initial  of  the  Poll  Clerks,  as  provided  by  law,  and  any  ballot 


154  GENEEAL    LAWS 

which  shall  bear  any  distinguishing  mark  or  mutilation 
shall  be  void,  and  shall  not  be  counted,  and  any  ballot,  or 
part  of  a  ballot,  from  which  it  is  impossible  to  determine  the 
elector's  choice  of  candidates,  shall  not  be  counted  as  to  the 
candidate,  or  candidates,  affected  thereby ;  and  all  ballots, 
voted  and  not  voted,  together  with  all  protested,  disputed  or 
uncounted  ballots,  shall  be  preserved  by  the  Inspector  and 
at  the  close  of  the  count  placed  in  separate  packages,  to- 
gether with  the  seals  of  the  ballot  packages,  in  paper  bags 
securely  sealed,  and  delivered  to  the  Clerk  of  the  Circuit 
Court  with  notification  to  him  of  the  number  of  ballots  so 
placed  in  such  bags,  and  of  the  condition  of  the  seals  of  the 
ballot  packages.  The  Poll  Clerk  shall  also  record  on  the 
tally  sheets  memoranda  of  such  ballots  and  the  condition  of 
the  seal  of  the  ballot  packages,  and  in  any  contest  of  election 
such  ballots  and  seals  may  be  submitted  in  evidence.  And 
before  said  ballots  are  placed  in  the  bag  as  aforesaid,  one  of 
the  Poll  Clerks  shall  indorse  upon  the  back  of  each  disputed 
or  protested  ballot  the  word  ^^ counted''  or  **not  counted," 
as  the  case  may  be,  and  said  indorsement  shall  be  signed 
officially  by  both  of  said  Poll  Clerks.  The  Election  Board 
shall  immediately  make  a  memorandum  of  the  total  votes 
cast  for  each  candidate  and  deliver  a  copy  thereof  to  each 
member  of  such  Board.  No  person,  other  than  the  members 
of  the  Election  Board,  Poll  Clerks,  Election  Sheriffs,  and 
the  duly  authorized  watchers  representing  the  various  polit- 
ical parties,  shall  be  permitted  in  the  room  during  the  elec- 
tion, or  during  the  canvass  of  the  votes,  except  for  the  pur- 
pose of  voting.  Each  of  the  four  political  parties  having 
cast  the  largest  vote  at  the  election  last  preceding,  and 
having  a  place  on  the  official  ballot  shall  be  entitled  to  one 
watcher  at  each  precinct,  who  shall  be  permitted  to  be  pres- 
ent during  the  canvass  of  the  votes.  Each  watcher  shall  be 
required  to  present  to  the  Election  Board  credentials  signed 
by  the  Township  or  County  Chairman  of  the  party  which 
said  watcher  represents,  showing  him  to  be  the  duly  author- 
ized watcher  for  that  party.     (R.  S.  1914,  Sec.  6934.) 


[1889,  p.  124.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

120.    Penalties  for  Violating  Election  Law. 

53.     Any  person  who  shall  (1)  falsely  mark  or  fraudu 
lently  deface  or  fraudulently  destroy  any  certificate  or  peti 


\ 


Concerning  elections.  155 

tion  of  nomination,  or  any  part  thereof;  (2)  file  any  certifi- 
cate or  petition  of  nomination,  knowing  the  same,  or  any 
/)art  thereof,  to  be  falsely  made;  or  (3)  suppress  any  peti- 
tion or  certificate  of  nomination  which  has  been  duly  filed, 
or  any  part  thereof ;  or  (4)  forge  or  falsely  make  the  official 
indorsement  of  any  ballot;  or  (5)  print,  or  cause  to  be 
printed,  any  imitation  ballot,  or  circulate  the  same;  or  (6) 
conspire  with  others  to  do  any  of  said  acts,  or  induce,  or 
attempt  to  induce,  any  other  person  to  do  any  of  said  acts, 
whether  or  not  said  acts,  or  any  of  them,  be  committed  or 
attempted  to  be  committed,  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  State  penitentiary  not  less  than  two 
nor  more  than  five  years,  and  be  disfranchised  for  any  de- 
terminate period  not  less  than  ten  years.  (R.  S.  1908  and 
1914,  §6935;  R.  S.  1901,  §6249;  R.  S.  1897,  §6548;  R.  S. 
1894,  §6249;  E.  S.,  §1375.) 

121.    Penalty  for  Clerk,  Inspector  or  Messenger. 

54.  Any  Clerk,  Inspector  or  other  messenger  entrusted 
with  the  custody  of  the  ballots  who  shall  open  any  of  the 
packages  in  which  the  ballots  are  contained,  or  permit  any 
of  them  to  be  opened,  or  destroy  any  of  such  ballots,  or 
permit  them  to  be  destroyed;  or  give  or  deliver  any  such 
packages  or  ballots  to  any  person  not  lawfully  entitled  to 
receive  them,  as  herein  provided ;  or  conspire  to  procure,  or 
in  any  way  aid,  abet  or  connive  at  any  robbery,  loss  or  de- 
struction of  any  such  ballots  or  packages,  shall  be  guilty  of  a 
felony,  and  on  conviction  shall  be  punished  by  imprisonment 
in  the  State  prison  for  not  less  than  three  nor  more  than  ten 
years,  and  be  disfranchised  for  any  determinate  period  not 
less  than  ten  years.  (R.  S.  1908  and  1914,  §6936 ;  R.  S.  1901, 
§6250;  R.  S.  1897,  §6549;  R.  S.  1894,  §6250;  E.  S.  §1376.) 


122.    Entering  Election  Room — Remaining  Close  to  Polls. 

55.  If  any  person  not  herein  authorized  so  to  do  shall 
enter  or  attempt  to  enter  the  election  room,  or  enter  or  at- 
tempt to  enter  within  the  railing  leading  from  the  challenge 
window  to  the  entrance  of  the  election  room  without  first 
having  been  passed  by  the  challengers,  or  having  been  sworn 


156  GENERAL    LAWS 


I 


in  as  hereinbefore  provided,  or  shall  remain  within  fifty 
feet  of  the  polling  place,  contrary  to  the  provisions  herein- 
before made,  he  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  be  fined  not  more  than  five  hundred 
dollars.  (K  S.  1908  and  1914,  §6937;  R  S.  1901,  §6251;  R. 
S.  1897,  §6550;  R.  S.  1894,  §6251;  E.  S.,  §1377.) 


d 


123.  Inducing  Voter  to  Put  Mark  on  His  Ballot. 

56.  If  any  person  shall  induce  or  attempt  to  induce  an^ 
elector  to  write,  paste  or  otherwise  place  on  his  ballot  the 
name  of  any  person  or  any  sign  or  device  of  any  kind  as  a 
distinguishing  mark  by  which  to  indicate  to  any  other  per- 
son how  such  elector  has  voted,  or  shall  enter  into  or  attempt^ 
to  form  any  agreement  or  conspiracy  with  any  other  persoJI 
to  induce  or  attempt  to  induce  electors,  or  any  elector,  to  so    ■ 
place  any  distinguishing  name  or  mark  on  his  ballot,  wheth-    j 
er'or  not  said  act  be  committed  or  attempted  to  be  commitjl 
ted,  such  person  so  offending  shall  be  guilty  of  felony,  and, 
on  conviction,  be  imprisoned  not  more  than  five  nor  less 
than  two  years  in  the  State's  prison.    (R.  S.  1908  and  1914, 
§6938;   R.  S.  1901,  §6252;   R.  S.  1897,  §6551;   R.  S.  1894, 
§6252;  E.  S.,  §1378.) 

124.  Revealing  How  Elector  Voted. 

57.  If  any  person,  being  a  member  of  an  Election  Board 
or  otherwise  entitled  to  [the]  inspection  of  the  ballots,  shall 
reveal  to  any  other  person  how  an  elector  has  voted,  or 
what  other  candidates  were  voted  for  on  any  ballot  bearing 
a  name  not  printed  thereon  by  the  Board  of  Election  Com- 
missioners, or  give  any  information  concerning  the  appear- 
ance of  any  ballot  voted,  such  person  so  offending  shall  be 
guilty  of  a  felony,  and,  on  conviction,  shall  be  imprisoned 
not  less  than  two  years  nor  more  than  five  years  in  the 
State's  prison,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  years.  (R.  S.  1908  and  1914,  §6939 ; 
R.  S.  1901,  §6253;  R.  S.  1897,  §6552;  R.  S.  1894,  §6253;  B| 
S.,  §1379.) 

125.  Inducing  Member  of  Board  to  Violate  This  Act. 

58.  If  any  person  shall  induce,  or  attempt  to  induc< 
any  member  of  an  Election  Board  to  violate  any  of  the  pro^ 


CONCERNING    ELECTIONS.  157 

visions  of  Section  47  [57],  whether  or  not  such  member  of 
the  Election  Board  shall  violate  or  attempt  to  violate  any  of 
the  provisions  of  this  Act,  such  person  so  offending  shall  be 
guilty  of  a  felony,  and,  on  conviction,  shall  be  imprisoned 
in  the  State's  prison  not  less  than  two  years  nor  more  than 
five  years,  and  be  disfranchised  for  any  determinate  period 
not  less  than  ten  years.  It  shall  be  the  duty  of  each  Inspect- 
or to  distinctly  read  this  and  the  preceding  section  to  the 
Election  Board  at  the  opening  of  the  polls,  and  each  member 
thereof  shall  thereupon  take  an  oath  that  he  has  not  violated 
and  will  not  violate  the  provisions  of  said  section.  (R.  S. 
1908  and  1914,  §6940;  E.  S.  1901,  §6254;  R.  S.  1897,  §6553; 
R.  S.  1894,  §6254;  E.  S.,  §1380.) 

126.  Removing  or  Destroying  Election  Supplies. 

59.  Any  person  who  shall,  during  the  election,  remove 
or  destroy  any  of  the  supplies  or  other  conveniences  placed 
in  the  booths  as  aforesaid  or  delivered  to  the  voter  for  the 
purpose  of  enabling  the  voter  to  prepare  his  ballot,  or  shall, 
during  an  election,  remove,  tear  down  or  deface  the  cards 
printed  for  the  instruction  of  the  voters,  or  shall,  during  an 
election,  destroy  or  remove  any  booth,  railing  or  other 
convenience  provided  for  such  election,  or  shall  induce  or 
attempt  to  induce  any  person  to  commit  any  of  such  acts, 
whether  or  not  any  of  such  acts  are  committed  or  attempted 
to  be  committed,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  punished  by  imprisonment  for  not  less 
than  six  months  nor  more  than  one  year  and  be  disfran- 
chised for  any  determinate  period  not  less  than  ten  years. 
(R.  S.  1908  and  1914,  §6941;  R.  S.  1901,  §6255;  R.  S.  1897, 
§6554;  R.  S.  1894,  §6255;  E.  S.,.§1381.) 

127.  Electioneering— Revealing  Vote. 

60.  No  officer  of  election  shall  disclose  to  any  person  the 
name  of  any  candidate  for  whom  any  elector  has  voted.  No 
officer  of  election  shall  do  any  electioneering  on  election  day. 
No  person  whatever  shall  do  any  electioneering  on  election 
day  within  any  polling  place,  or  within  fifty  feet  of  any 
polling  place.  No  person  shall  apply  for  or  receive  any 
ballot  in  any  polling  place  other  than  that  in  which  he  is  en- 
titled to  vote.    No  person  shall  show  his  ballot  after  it  is 


158 


GENERAL   LAWS 


marked  to  any  person  in  such  a  way  as  to  reveal  the  con- 
tents thereof  or  the  name  of  any  candidate  or  candidates  for 
whom  he  has  marked  his  vote ;  nor  shall  any  person  exam- 
ine a  ballot  which  any  person  has  presented  for  voting  or! 
solicit  the  elector  to  show  the  same.  No  person  except  the 
Inspector  of  Election,  or  Judge  who  may  be  temporarily 
acting  for  him,  shall  receive  from  any  voter  a  ballot  pre- 
pared by  him  for  voting.  No  voter  shall  receive  a  ballot 
from  any  person  other  than  one  of  the  Poll  Clerks;  nor 
shall  any  person  other  than  a  Poll  Clerk  deliver  a  ballot  to 
an  Inspector  to  be  voted.  No  voter  shall  deliver  any  ballot 
to  an  Inspector  to  be  voted,  except  the  one  he  receives  from 
the  Poll  Clerk.  No  voter  shall  place  any  mark  upon  his 
ballot  or  suffer  or  permit  any  other  person  to  do  so,  by 
which  it  may  be  afterward  identified  as  the  one  voted  by 
him.  Whoever  shall  violate  any  provision  of  this  section 
shall  be  deemed  guilty  of  a  felony,  and,  on  conviction,  shall 
be  punished  by  imprisonment  for  not  less  than  six  months 
nor  more  than  one  year,  and  by  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  Ave  hundred  dollars,  and  be 
disfranchised  for  any  determinate  period  not  less  than  ten 
years.  (E.  S.  1908  and  1914,  §6942;  R.  S.  1901,  §6256;  E. 
S.  1897,  §6555 ;  E.  S.  1894,  §6256 ;  E.  S.,  §1382.) 

128.    Officer  Violating  His  Duty. 

61.  Any  public  officer,  upon  whom  any  duty  is  imposed 
by  this  Act,  who  shall  wilfully  neglect  or  omit  to  perform 
such  duties,  or  do  any  act  prohibited  herein,  for  which  pun- 
ishment is  not  otherwise  herein  provided,  shall  be  deemed 
guilty  of  a  felony,  and,  on  conviction,  shall  be  punished  by 
imprisonment  in  the  State's  prison  for  not  less  than  six 
months  nor  more  than  three  years,  or  by  a  fine  of  not  more 
than  three  thousand  dollars,  pr  by  both  such  ^e  and  im- 
prisonment, and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  years.  (E.  S.  1908  and  1914,  §6943 ; 
E.  S.  1901,  §6257;  E.  S.  1897,  §6556;  E.  S.  1894,  §6257;  E. 
S.,  §1383.) 


129.    Constitutional  Amendments. 

62.     Whenever  any  constitutional  amendment  or  other 
question  is  required  by  law  to  be  submitted  to  popular  vote, 


CONCERNING    ELECTIONS. 


159 


if  all  the  electors  of  the  State  are  entitled  to  vote  on  such 
question,  the  State  Board  of  Election  Commissioners  shall 
cause  a  brief  statement  of  the  same  to  be  printed  on  the 
State  ballots,  and  the  words  ^^yes''  and  **no''  under  the 
same,  so  that  the  elector  may  indicate  his  preference  by^ 
stamping  [marking]  at  the  place  designated  in  front  of 
either  word.  If  the  question  is  required  by  law  to  be  voted 
on  by  the  electors  of  any  district  or  division  of  the  State  the 
Board  or  Boards  of  Election  Commissioners  of  the  county 
or  counties,  including  or  included  in  such  division  or  dis- 
trict, shall  cause  similar  provision  to  be  made  on  the  local 
ballots.  In  case  any  elector  shall  not  indicate  his  preference 
by  stamping  [marking]  in  front  of  either  word  the  ballot  as 
to  such  question  shall  be  void  and  shall  not  be  counted.  (R. 
S.  1908  and  1914,  §6944;  R.  S.  1901,  §6258;  R.  S.  1897, 
§6557;  R.  S.  1894,  §6258;  E.  S.,  §1384.) 

[Acts  1911,  p.  534.     Approved  March  6,  1911.     In  force  April  21,  1911.] 

130.  Constitutional  Amendments — Political  Party  Action. 

1.  That  whenever  any  constitutional  amendment  is  to 
be  submitted  to  a  vote  of  the  people,  the  State  convention  of 
any  political  party  assembled  for  the  purpose  of  nominat- 
ing candidates  for  State  officers  of  such  political  party, 
having  at  the  last  preceding  general  election  polled  at  least 
one  per  cent,  of  the  entire  vote  cast  in  the  State,  may  take 
action  in  favor  of  or  against  the  adoption  of  such  constitu- 
tional amendment  to  be  submitted  at  the  next  succeeding 
general  election,  and  shall  certify  such  action  to  the  Secre- 
tary of  State  in  the  manner  provided  for  certifying  nomina- 
tions for  State  officers,  whereupon  said  action  upon  such 
constitutional  amendment  shall  be  printed  upon  the  regular 
ballot  at  said  election  as  a  part  of  the  party  ticket  of  such 
political  party  in  the  manner  hereinafter  provided.  If  more 
than  one  proposed  amendment  to  the  Constitution  is  submit- 
ted at  the  same  time,  such  political  convention  shall  have  the 
right  to  declare  in  favor  of  or  against  any  or  all  of  them. 
(R.  S.  1914,  Sec.  6944a.) 

131.  Ballots— Form. 

2.  Such  constitutional  amendment  or  amendments  shall 
be  stated  on  such  ballots  in  words  sufficient  to  clearly  desig- 


160  GENERAL    LAWS 


I 


nate  the  same,  and  such  statement  or  statements  shall  be 
printed  in  a  separate  column  on  the  official  ballot.  On  the 
lines  below  such  statement  shall  be  printed  the  word  ^'Yes," 
and  on  the  next  line  below  shall  be  printed  the  word  ^ '  No. ' ' 
Said  statement  shall  also  be  placed  on  the  official  ballot  im- 
mediately below  the  names  of  the  candidates  for  State 
offices  on  the  regular  ticket  of  any  party  or  parties  certify- 
ing action  thereon  as  provided  in  Section  1  of  this  Act, 
followed  by  the  word  ^  *  Yes ' '  or  the  word  ^  ^  No, ' '  according 
as  affirmative  or  negative  action  shall  have  been  certified 
thereon  by  said  party  or  parties,  and  said  statement  of  said 
amendment  or  amendments  with  the  action  taken  thereon 
by  said  party,  shall  thereupon  become  a  part  of  said  party 
ticket.    (R.  S,  1914,  Sec.  6944b.) 


4 


132.    Marking  of  Ballot. 

3.  The  elector  shall  observe  the  following  rules  in 
marking  his  ballot :  ^1 

(a)  He  may  make  a  cross-mark  (X)  in  the  blank  space 
to  the  left  of  and  before  the  answer  he  desires  to  give  to  the 
submission  of  any  constitutional  amendment  in  the  separate 
column  devoted  to  said  amendments,  in  which  event  if  said 
voter  should  vote  a  straight  party  ticket  upon  which  such 
constitutional  amendment  or  amendments  are  placed  such 
vote  upon  the  question  of  such  constitutional  amendment  or 
amendments  shall  be  counted  as  indicated  in  the  separate 
column  containing  such  constitutional  amendment  or 
amendments ;  or  if  he  votes  a  mixed  ticket  he  may  make  a 
cross-mark  (X)  in  the  blank  space  to  the  left  of  and  before 
the  statement  and  answer  thereto  of  any  constitutional 
amendment  as  the  same  may  be  printed  and  certified  on  the 
ticket  of  any  political  party;  whereupon  such  mark  shall 
cast  his  ballot  for  the  answer  opposite  which  it  is  made. 

(b)  The  voter  if  he  desires  to  vote  a  straight  party 
ticket  [may]  make  a  cross-mark  (X)  in  the  bla:nk  circular 
space  at  the  head  of  any  ticket  upon  which  is  printed  the 
statement  of  any  constitutional  amendment  or  question,  and 
the  certified  answer  thereto,  which  mark  shall  cast  his 
ballot  for  the  certified  answer  to  the  submission  of  each  and 
every  constitutional  amendment  so  printed  on  said  party 
ticket  unless  he  shall  have  specifically  marked  any  of  said     « 


CONCERNING    ELECTIONS. 


161 


constitutional  amendment  otherwise  elsewhere  on  the  ballot 
in  the  manner  heretofore  stated. 

Any  mark  on  a  ballot  made  as  prescribed  in  this  section 
shall  not  be  deemed  a  distinguishing  mark.  (R.  S.  1914,  Sec. 
6944c.) 

133.  Election  Laws  Applied. 

4.  Except  as  provided  herein  of  the  provisions  of  Sec- 
tion 62  of  an  act  entitled  ^^An  Act  concerning  elections, 
providing  penalties  for  violation  of  same, ' '  approved  March 
6,  1889,  the  same  being  Section  6258  of  Burns'  Revised 
Statutes  of  1901,  shall  apply  to  the  election  herein  provided 
for  and  all  the  provisions  of  State  law  or  laws  relating  to 
the  marking  and  counting  of  ballots  for  candidates  not  in- 
consistent herewith  shall  apply  to  the  marking  and  counting 
of  votes  upon  any  constitutional  amendment  in  any  election 
held  under  the  provisions  of  this  Act.  (R.  S.  1914,  Sec. 
6944d.) 

134.  Voting  Machines. 

5.  In  all  precincts  wherein  voting  machines  are  em- 
ployed, the  statement  or  statements  mentioned  in  Section  2 
of  this  Act  shall  be  so  placed  upon  such  voting  machine  and 
if  such  political  convention  or  conventions  shall  take  the 
action  prescribed  in  Section  1  of  this  Act  all  such  voting 
machines  shall  be  so  arranged  as  that  the  voter  may  cast  his 
ballot  for  or  against  any  proposed  amendment  or  amend- 
ments as  a  part  of  the  straight  party  ticket  as  may  be  certi- 
fied by  such  political  convention,  and  such  statement  or 
statements  and  voting  machines  shall  also  be  so  arranged  as 
that  the  voter  may  vote  for  or  against  any  amendment 
separately  and  not  as  a  part  of  a  straight  party  ticket.  (R. 
S.  1914,  Sec.  6944e.) 

135.  Preservation  of  Affidavits. 

63.  All  affidavits  provided  in  this  Act  to  be  used  on  the 
day  of  election  at  the  several  polling  places  shall,  at  the 
close  of  the  count,  be  placed  in  a  strong  paper  bag,  or  en- 
velope, by  the  Election  Board  and  securely  sealed  by  them, 
each  member  indorsing  his  name  on  the  back  of  such  bag  or 
envelope.    Such  bag  or  envelope  shall  be  delivered  within 

11—1779 


162  GENERAL    LAWS 


I 


three  days  after  the  election,  by  the  Inspector,  to  the  Clerk 
of  the  Circuit  Court  of  the  county,  whose  duty  it  shall  be  to 
carefully  preserve  the  same,  and  deliver  it,  with  the  seal 
unbroken,  to  the  foreman  of  the  grand  jury  when  next  in 
session.  It  shall  be  the  duty  of  such  grand  jury  to  inquire 
into  the  truth  or  falsity  of  such  affidavits.  (R.  S.  1908  and 
1914,  §6945;  E.  S.  1901,  §6259;  R.  S.  1897,  §6558;  R.  S. 
1894,  §6259;  E.  S.,  §1385.) 


d 


136.  Township  and  County  Elections. 

64.  When  any  township  or  county  holds  an  election  at 
a  time  other  than  the  time  of  a  general  election,  such  elec- 
tion shall  be  held  in  conformity  with  the  provisions  of  this 
Act,  and  all  county  and  local  officers  who  are  required  to 
perform  any  duties  in  connection  with  the  general  election 
shall  perform  the  same  duties  in  connection  with  such  spe- 
cial or  local  election,  subject  to  the  same  provisions  and 
penalties  herein  prescribed  in  case  of  general  elections.  (R. 
S.  1908  and  1914,  §6946;  E.  S.  1901,  §6260;  E.  S.  1897, 
§6559;  E.  S.  1894,  §6260;  E.  S.,  §1386.) 

[1891,  p.  134.    Approved  March  6,  1891.    In  force  June  3,  1891.] 

137.  City  and  Town  Elections. 

65.  Where  any  town  or  city  shall  hold  an  election  at  any 
time  other  than  a  time  of  a  general  election,  such  election 
shall  be  held  in  conformity  with  the  provisions  of  this  Act, 
except  the  duties  herein  required  of  the  County  Clerk  shall 
be  performed  by  the  Town  or  City  Clerk ;  the  duties  herein 
required  by  the  Board  of  County  Commissioners  shall  be 
performed  by  the  Town  Trustees  or  City  Council;  the 
duties  of  the  County  Sheriff  shall  be  performed  by  the  Town 
Marshal  or  Chief  of  Police,  and  the  rights  of  nomination  of 
election  officers  by  political  parties  shall  be  exercised  by  the 
chairman  of  the  town  or  city  committees  of  such  parties,  if 
any  such  there  be.  Town  and  city  officers  are  hereby 
required  to  perform  the  various  duties  herein  prescribed  by 
the  county  officers  in  whose  stead  they  act,  subject  to  the 
same  penalties  and  provisions  herein  prescribed  as  to  such 
county  officers.  The  town  and  city  Boards  of  Election  Com- 
missioners shall  provide  the  necessary  [pencils]   *  stamps 

*The  words  "stamps  and  ink-pads"  are  repealed. 


CONCERNING    ELECTIONS.  163 

and  ink  pads  for  such  elections,  and  shall  cause  as  many- 
classes  of  ballots  to  be  printed  as  there  are  wards  or  dis- 
tricts entitled  to  separate  officers,  ballots  of  each  class  hav- 
ing printed  uniformly  on  the  back  of  the  same  the  name  or 
number  of  the  ward  or  district  in  which  it  is  to  be  used,  and 
containing  the  names  of  all  lawfully  nominated  candidates 
for  all  officers  that  the  voters  of  such  ward  or  district  are 
entitled  to  vote  for  at  such  election.  The  Commissioners  of 
county  and  Trustees  of  townships  in  which  such  towns  or 
cities  are  situated  shall  furnish  what  is  necessary  for  use  in 
such  elections  of  the  election  furniture  in  their  custody: 
Provided,  That  such  town  or  city  shall  pay  the  expense  of 
moving  such  furniture  to  and  from  the  polling  places,  and 
also  for  any  damage  to  or  loss  of  such  furniture.  The 
Boards  of  town  or  city  Election  Commissioners  shall  per- 
form all  the  duties  in  providing  and  preparing  polling 
places  that  are  required  of  County  Commissioners  in  county 
elections,  subject  to  the  same  provisions  and  penalties.  (R. 
S.  1908  and  1914,  §6947;  R.  S.  1901,  §6261;  R.  S.  1897, 
§6560;  R.  S.  1894,  §6261.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

138.    Holidays. 

66.  All  election  days  shall  be  legal  holidays  throughout 
the  district  or  municipality  in  which  the  election  is  held. 
(R.  S.  1908  and  1914,  §6948;  R.  S.  1901,  §6262;  R.  S.  1897, 
§6561;  R.  S.  1894,  §6262;  E.  S.,  §1388.) 


139.    Laws  Repealed. 

67.  All  laws  and  parts  of  laws  inconsistent  with  the 
provisions  of  this  Act  are  hereby  repealed,  pro  tanto :  Pro- 
vided, however,  That  nothing  in  this  Act  contained  shall 
impair  the  effect  of  any  such  Act  as  to  any  offense  hereto- 
fore committed  under  existing  laws:  And,  provided  fur- 
ther. That  the  provisions  of  this  Act  shall  not  apply  to  any 
election  to  be  held  prior  to  the  first  Monday  in  June,  1890, 
and  all  elections  to  be  held  prior  to  said  date  of  the  first 
Monday  in  June,  1890,  shall  be  held  and  conducted  under 
the  provisions  of  the  law  now  in  force,  and  all  elections  to 
be  held  after  the  first  Monday  in  June,  1890,  shall  be  pro- 
vided for  and  held  under  the  provisions  of  this  Act.     (R. 


164  QEIOJKAL    LAWS 


I 


S.  1908  and  1914,  §6949;  R.  S.  1901,  §6263;  R.  S.  1897, 
§6562;  R.  S.  1894,  §6263;  E.  S.,  §1389.)  ^| 

[1881,  S.,  p.  428.    Approved  April  21,  1881.     In  force  September  19,  1881.] 

140.    Duty  of  Board.  IHI 

29.    No  Inspector,  Clerk  or  Judge  of  any  election  shall      ^ 
.vote  after  commencing  to  count  the  votes,  nor  publish  any 
statement  of  the  result  of  the  counting  until  such  election  is 
closed.    (R.  S.  1908  and  1914,  §6950;  R.  S.  1901,  §6264;  R. 
S.  1897,  §6563;  R.  S.  1894,  §6264;  R.  S.  1881,  §4707.) 


i 


141.  Adjournments  Forbidden. 

30.  After  the  opening  of  the  polls  at  any  election  in 
this  State  no  adjournment  shall  be  had  nor  any  recess  taken 
until  all  the  votes  cast  at  such  election  shall  have  been 
counted,  and  the  result  publicly  announced.  (R.  S.  1908 
and  1914,  §6951;  R.  S.  1901,  §6265;  R.  S.  1897,  §6564;  R. 
S.  1894,  §6265;  R.  S.  1881,  §4708.) 

142.  Meals  for  Election  Officers. 

31.  It  shall  be  the  duty  of  the  Township  Trustees,  in 
their  respective  townships,  to  cause  the  members  of  the 
Election  Board  in  each  township  or  precinct  to  be  furnished 
with  good,  plain,  and  substantial  meals,  at  the  regular  hours      ', 
for  meals,  during  the  election  day  and  mitil  the  count  is  S 
finished,  but  no  spirituous,  vinous,  or  fermented  liquors      ' 
shall  be  furnished.     Such  Trustees  shall  be  allowed,  and 
paid,  by  the  County  Board  the  actual  cost  of  such  meals,  in 
their  next  regular  account.     (R.  S.  1908  and  1914,  §6952; 
R.  S.  1901,  §6266;  R.  S.  1897,  §6565;  R.  S.  1894,  §6266;  R. 
S.  1881,  §4709.) 


I 


143.    Certificate  of  Judges. 

34.  When  the  vote  shall  be  counted,  the  Boards  of 
Judges  shall  make  out  a  certificate,  under  their  hands,  stat-  fl 
ing  the  number  of  votes  each  person  has  received,  and  des- 
ignating the  ofiice ;  which  number  shall  be  written  in  words ; 
and  such  certificate,  together  with  one  of  the  lists  of  voters 
and  one  of  the  tally  papers,  shall  be  deposited  with  the  In- 
spector, or  with  one  of  the  Judges  selected  by  the  Board 


CONCERNING    ELECTIONS.  165 

of  Judges.     (R.  S'.  1908  and  1914,  §6953;  R.  S.  1901,  §6267; 
R.  S.  1897,  §6566;  R.  S.  1894,  §6267;  R.  S.  1881,  §4712.) 

144.  Care  of  Ballots  and  Papers. 

35.  As  soon  as  the  votes  are  counted,  and  before  the" 
certificate  of  the  judges,  as  prescribed  in  the  foregoing  sec- 
*tion,  is  made  out,  the  ballots,  with  one  of  the  lists  of  voters 
and  one  of  the  tally  papers,  shall,  in  the  presence  of  the 
Judges  and  Clerks,  be  carefully  and  securely  placed  by  the 
Inspector,  in  the  presence  of  the  Judges,  in  a  strong  and 
stout  paper  envelope  or  bag,  which  shall  then  be  tightly 
closed  and  well  sealed  with  wax  by  the  Inspector,  and  shall 
be  delivered  by  such  Inspector  to  the  County  Clerk  at  the 
very  earliest  possible  period  before  or  on  the  Thursday 
next  succeeding  said  election;  and  the  Inspector  shall  se- 
curely keep  said  envelope  containing  the  ballots  and  pa- 
pers therein,  and  permit  no  one  to  open  said  envelope  or 
touch  or  tamper  with  said  ballots  or  papers  therein.  And 
upon  the  delivery  of  such  envelope  to  the  Clerk,  the  In- 
spector shall  take  and  subscribe  an  oath,  before  said  Clerk, 
that  he  has  securely  kept  said  envelope  and  the  ballots  and 
papers  therein,  and  that,  after  said  envelope  had  been  closed 
and  sealed  by  him  in  the  presence  of  the  Judges  and  Clerks, 
he  had  not  suffered  or  permitted  any  person  to  break  the 
seal  or  open  said  envelope,  or  touch,  or  tamper  with  said 
ballots  or  papers,  and  that  no  person  has  broken  such  seal 
or  opened  said  envelope  to  his  knowledge;  which  oath  shall 
be  filed  in  said  Clerk's  office  with  the  other  election  papers. 
(R.  S.  1908  and  1914,  §6954;  R.  S.  1901,  §6268;  R.  S.  1897, 
§6567;  R.  S.  1894,  §6268;  R.  S.  1881,  §4713.) 

Note. — So  much  as  relates  to  the  preservation  of  the  ballots  (R.  S.  1901, 
§6248)  and  as  to  when  the  tally  papers,  etc.,  shall  be  returned  (R.  S.  1905, 
§6275d)  has  been  repealed.     (R.  S.  1908,  §§6934,  6965;  ante,  §83,  post  §104.) 

[Acts  1905,  p.  189.1 

145.  Inspector — County  and  City  Clerks — Duties. 

10.  It  shall  be  the  duty  of  each  Inspector  of  Elections 
as  soon  as  the' certificates  required  by  law  to  be  signed  by 
the  Precinct  Election  Boards  have  been  signed,  to  deliver 
the  same  with  one  of  the  lists  of  voters  and  one  of  the  tally 
papei-s  containing  the  vote  of  the  precinct  for  all  State,  dis- 


166  GENERAL    LAWS 

trict  and  county  officers  voted  for  and  with  the  bags  re- 
quired by  law  to  be  returned  by  said  Inspector  to  the  Clerk 
of  the  Circuit  Court  at  the  court  house  for  the  use  of  the 
Board  of  Canvassers,  and  in  city  elections  to  the  City  Clerk, 
and  that  there  may  be  no  delay  in  the  canvassing  of  the  vote 
of  any  county  or  city  it  is  declared  to  be  the  duty  of  the 
Clerk  to  keep  the  Clerk  ^s  office  open  all  night  upon  the  night . 
of  any  election  at  which  county  or  city  officers  are  voted  for. 
(R.  S.  1908  and  1914,  §6965;  E.  S.  1905,  §6275d.) 

146.  Clerk's  and  Trustee's  Duties. 

36.  The  Clerk  shall  securely  keep  said  envelope,  so 
sealed,  with  the  ballots,  and  papers  therein,  in  the  same  con- 
dition as  it  was  received  by  him  from  the  Inspector,  in  his 
office  (unless  opened  by  said  Inspector,  in  the  presence  of 
the  Board  of  Canvassers,  as  herein  provided),  for  the  peri- 
od of  six  months.  But  when  such  election  is  contested,  he 
shall  preserve  them  so  long  as  said  contest  is  undetermined, 
subject  to  the  order  of  the  Court  trying  such  contest:  Pro- 
vided, That  said  Inspector  shall,  after  sealing  said  envel- 
opes containing  such  ballots  and  one  of  his  poll  books  and 
tally  papers,  plainly  mark  said  envelope  upon  the  outside, 
in  ink,  with  the  name,  number  and  township.  And  after 
each  election  the  ballot  box  herein  provided  for  shall  be, 
by  said  Inspector,  deposited  with  the  Township  Trustee  of 
the  township  in  which  his  precinct  is  situate,  for  safekeep- 
ing. And  said  officers  of  election  shall,  upon  receiving  the 
pay  for  their  services  as  such  from  said  Township  Trustee, 
deliver  to  him  the  keys  to  the  said  *ballot  box  in  their  cus- 
tody. (R.  S.  1908  and  1914,  §6955;  R.  S.  1901,  §6269;  R.  S. 
1897,  §6568;  R.  S.  1894,  §6269;  R.  S.  1881,  §4714.) 

[Acts  1905,  p.  189.    Approved  March  4,  1905.] 

147.  Board  of  Canvassers. 

1.  That  in  each  county  in  the  State  the  county  Board 
of  Election  Commissioners  shall  constitute  a  county  Board 
of  Canvassers,  who  shall  canvass  and  estimate  the  certifi- 
cates, poll  lists  and  tally  papers  returned  by  each  Inspector 
of  Elections  in  the  county,  for  which  purpose  the  Board 
shall^  assemble  in  the  Circuit  Coujt  room  in  the  court  house, 
at  six  o'clock  p.  m.,  upon  the  day  of  each  election;  and  that 


1 


I 


CONCERNING    ELECTIONS.  167 

in  each  city  in  the  State,  the  city  Board  of  Election  Com- 
missioners shall  constitute  a  city  Board  of  Canvassers,  who 
shall  canvass  and  "estimate  the  certificates,  poll  lists,  and 
tally  papers  returned  by  each  Inspector  of  Election  at  all 
city  elections,  for  which  purpose  the  Board  shall  assemble 
in  the  council  chamber  of  said  city  at  six  (6)  o'clock  p.  m. 
upon  the  day  of  said  election.  (R.  S.  1908  and  1914,  §6956; 
R.  S.  1905,  §6270.) 

148.  Chairman— Clerk. 

2.  The  members  of  such  county  Board  shall  select  one 
of  their  number  as  chairman,  and  the  Clerk  of  the  Circuit 
Court  shall  act  as  Clerk  of  the  county  Board;  and  the  mem- 
bers of  such  city  Board  shall  select  one  of  their  number  as 
chairman,  and  the  Clerk  of  such  city  shall  act  as  clerk  of 
the  said  Board.  (R.  S'.  1908  and  1914,  §6957;  R.  S.  1905, 
§6271.) 

149.  Clerical  Assistants. 

3.  Each  of  such  Board  of  Canvassers  shall  employ  such 
clerical  assistance  as  in  its  judgment  may  be  deemed  neces- 
sary for  the  proper  canvassing  and  tabulating  of  the  vote: 
Provided,  That  not  more  than  one-half  of  the  clerks  em- 
ployed upon  such  work  of  canvassing  shall  be  members  of 
the  same  political  party;  and  such  clerks  shall  be  paid  for 
their  services  a  reasonable  compensation  to  be  fixed  by 
said  Board  of  Canvassers,  not,  however,  to  exceed  the  sum 
of  fifty  cents  per  hour  to  each  Clerk  for  the  time  actually 
employed  upon  such  canvass,  and  the  order  of  said  county 
Board  upon  the  County  Treasurer  for  clerical  services  ren- 
dered said  county  Board  shall  be  sufficient  authority  to  the 
County  Treasurer  to  pay  to  the  holder  of  the  same  the 
amount  therein  fixed:  Provided,  There  is  money  in  the 
treasury  for  that  purpose ;  if  there  be  no  funds  to  pay  such 
order  when  presented  the  Treasurer  shall  indorse  thereon 
'  ^  Not  paid  for  want  of  funds, ' '  and  the  day  of  such  present- 
ment over  his  signature,  which  shall  entitle  such  order  to 
draw  thenceforth  legal  interest;  and  the  order  of  such  city 
Board  upon  the  City  Treasurer  for  clerical  services  ren- 
dered such  city  Board  shall  be  sufficient  authority  for  the 
City  Treasurer  to  pay  to  the  holder  of  the  same  the  amount 


168  GENERAL    LAWS 

therein  fixed:  Provided,  There  is  money  in  the  city  treas- 
ury for  that  purpose,  and  if  there  be  no  funds  to  pay  such 
order  or  orders  when  presented  the  Treasurer  shall  indorse 
thereon  ^^Not  paid  for  want  of  funds,"  and  the  date  of  such 
presentment  over  his  signature,  which  shall  entitle  such 
order  to  draw  henceforth  legal  interest.  The  members  of 
any  such  Board  shall  receive  for  their  services  as  Board 
of  Canvassers  such  amount  as  may  be  fixed  by  the  Board  of 
Commissioners  or  Common  Council,  as  the  case  may  be. 
(R.  S.  1908  and  1914,  §6958;  R.  S.  1905,  §6272.) 


150.    Board's  Duties. 

4.  Such  county  or  city  Board  when  organized  shall 
carefully  compare  and  examine  the  papers  intrusted  to  it, 
and  aggregate  and  tabulate  from  them  the  vote  of  the  coun- 
ty, or  the  vote  of  the  city,  as  the  case  may  be,  a  statement  of 
which  shall  be  drawn  up  by  the  clerk  which  shall  contain 
the  names  of  the  persons  voted  for,  the  office,  the  number 
of  votes  given  in  each  precinct,  ward  or  township  in  a  coun- 
ty election,  and  in  each  ward  and  precinct  in  a  city  election 
to  each  person;  the  number  of  votes  given  to  each  in  the 
county  or  city  and  also  the  aggregate  number  of  votes  given, 
which  statement  shall  be  signed  by  each  member  of  such 
Board,  and  canvass  sheets  together  with  such  certificates, 
poll  books  and  tally  paperg  shall  be  delivered  to  the  Clerk, 
and  by  him  filed  in  his  office;  and  the  same  shall  be  pre- 
served by  him  open  to  the  inspection  of  any  legal  voter.  (E. 
S.  1908  and  1914,  §6959;  R.  S.  1905,  §6273.) 


151.    Certificates. 

5.  Such  county  Board  shall  declare  the  persons  hav- 
ing the  highest  number  of  votes  giyen  for  any  office  to  be 
filled  by  the  voters  of  a  single  county  duly  elected  to  such 
office,  and  certify  the  same  in  the  statement  above  required ; 
and  such  city  Board  shall  declare  the  persons  having  the 
highest  number  of  votes  given  for  any  office  to  be  filled  by 
the  voters  at  a  city  election,  duly  elected  to  such  office,  and 
certify  the  same  in  the  statement  above  required.  (R.  S. 
1908  and  1914,  §6960;  R.  S.  1905,  §6274.) 


i 


CONCERNING   ELECTIONS.  169 

152.    Tie  Vote. 

6.  If  two  or  more  persons  shall  have  the  highest  and 
equal  number  of  votes  for  a  single  office  to  be  filled  by  the 
voters  of  such  county  or  city,  such  county  or  city  Board 
shall  declare  that  no  person  is  elected  to  fill  such  office,  an  J 
shall  certify  the  same  in  the  statement  above  provided  and 
when  filed  the  clerk  shall  certify  the  fact  to  the  tribunal 
whose  duty  it  is  to  supply  vacancies  in  such  office,  or  to  is- 
sue writ  of  election  to  fill  the  same,  as  the  case  may  require. 
(R.  S.  1908  and  1914,  §6961;  R.  S.  1905,  §6275.) 


53.    Defective  Papers — Duty  of  Board. 

7.  No  tally  papers,  poll-book  or  certificates  returned 
from  any  election  by  Board  of  Judges  thereof  shall  be  re- 
jected for  want  of  form,  or  for  lack  of  being  strictly  in  ac- 
cordance with  the  directions  contained  in  the  election  laws 
if  the  same  can  be  satisfactorily  understood,  and  such  Board 
of  Canvassers  shall  in  no  case  reject  the  returns  from  any 
precinct  if  the  same  be  certified  by  the  Board  of  Election 
of  that  precinct  as  required  by  law,  and  returned  by  the 
Inspector  or  one  of  the  Judges  of  said  Board.  (R.  S.  1908 
and  1914,  §6962;  R.  S.  1905,  §6275a.) 

154.    Evidence — When  Heard — ^Witness  in  Contempt. 

8.  County  or  city  Boards  of  Election  Commissioners 
and  county  or  city  Boards  of  Canvassers  in  matters  con- 
cerning the  sufficiency  or  validity  of  any  nominating  cer- 
tificate or  petition,  may  examine  on  oath  any  person  touch- 
ing any  material  matter  connected  with  or  bearing  on  the 
prqper  discharge  of  their  duties.  Any  member  of  the 
Board  may  administer  such  oath.  Either  of  said  Boards  is 
given  full  power  to  send  for  persons  and  papers,  and  com- 
pel the  witnesses  to  answer  under  oath  touching  any  ques- 
tions which  may  properly  come  before  said  Board.  The 
Sheriff  of  the  county  in  county  elections  and  City  Marshal 

,  or  Superintendent  or  Chief  of  Police  in  city  elections  shall 
serve  all  process,  and  obey  all  orders  of  such  Board,  and 
shall  during  the  canvass  provide  a  deputy  who  shall  remain 
in  attendance  upon  such  Board  of  Canvassers,  and  shall  be 
paid  by  the  county  or  city  for  such  services  at  the  rate  of 
two  dollars  for  every  eight  hours  of  such  attendance.     In 


170  GENERAL    LAWS 

case  of  the  refusal  of  any  person  subpoenaed  to  attend  or 
testify  such  fact  shall  be  reported  forthwith  by  such  Board 
of  Election  Commissioners  or  said  Board  of  Canvassers,  to 
any  Circuit  or  other  court  of  general  jurisdiction  of  the 
county,  or  to  a  Judge  thereof,  and  such  court  or  Judge  shall 
order  such  witnesses  to  attend  and  testify,  and  on  failure  or 
refusal  to  obey  such  order  such  witnesses  shall  be  dealth 
with  as  for  contempt.  (R.  S.  1908  and  1914,  §6963;  E.  S. 
1905,  §6275b.) 

155.  Disputes — Decision  by  Circuit  Judge. 

9.  In  case  of  a  disagreement  between  the  members  of 
County  and  City  Board  of  Canvassers  as  to  how  the  vote 
of  any  precinct  shall  be  counted  the  matter  in  dispute  shall 
be  forthwith  reported  by  said  Board  to  the  Judge  of  the 
Circuit  Court  in  a  brief  written  statement  setting  forth  the 
grounds  of  disagreement  together  with  all  papers  concern- 
ing the  matter,  and  such  Judge  shall  summarily  deteiTaine 
said  dispute,  and  direct  how  such  vote  shall  be  counted, 
and  such  determination  shall  be  final  as  regards  the  action 
of  said  Board  of  Canvassers.  (R.  S.  1908  and  1914,  §6964; 
R.  S.  1905,  §6275c.) 

156.  Certificate  of  Election. 

43.  Wliere  any  person  is  elected  to  an  office  by  the 
voters  of  a  county  not  to  be  commissioned  by  the  Governor, 
the  Clerk  of  the  Circuit  Court  shall,  after  ten  days  from 
the  time  the  Board  of  Canvassers  has  made  its  returns, 
make  out  and  deliver,  on  demand,  to  such  person,  a  certifi- 
cate of  his  election;  and  in  case  where  any  officer  is  to  be 
commissioned  by  the  Governor,  he  shall  make  out  a  state- 
ment under  his  hand  and  the  seal  of  his  court,  specifying 
the  number  of  votes  given  to  each  person  for  each  office, 
and  who  has  been  declared  elected,  and  shall  transmit  the 
same,  by  mail,  to  the  Secretary  of  State,  within  the  time 
aforesaid.  (R.  S.  1908  and  1914,  §6968;  R.  S.  1901,  §6276; 
R.  S.  1897,  §6574;  R.  S.  1894,  §6276;  R.  S.  1881,  §4721.) 


157.    Defective  Returns — Commissions. 

44.    No  commission  shall  be  withheld  by  the  Govemo 
on  account  of  any  defect  or  informality  in  the  return  o 


I 


» 


CONCERNING   ELECTIONS.  171 

any  election  to  the  office  of  Secretary  of  State,  if  it  can, 
with  reasonable  certainty,  be  ascertained  from  snch  return 
what  office  is  intended  and  who  is  entitled  to  such  commis- 
sion. (R.  S.  1908  and  1914,  §6969;  R.  S.  1901,  §6277;  R.  S. 
1897,  §6576;  R.  S.  1894,  §6277;  R.  S.  1881,  §4722.) 

158.  Certificates  of  Votes  for  Legislators. 

45.  When  two  or  more  comities  compose  a  district  to 
elect  a  Senator  or  Representative,  the  Clerks  of  the  Circuit 
Courts  of  such  counties,  on  the  day  next  succeeding  the  re- 
turn day  of  such  election,  shall  make  out  a  certificate  of 
votes  received  by  each  individual  for  Senator  or  Represent- 
ative, and  deliver  the  same  to  the  Sheriff.  (R.  S.  1908  and 
1914,  §6970;  R.  S.  1901,  §6278;  R.  S.  1897;  §6577;  R.  S. 
1894,  §6278 ;  R.  S.  1881,  §4728.) 

159.  Certificate  of  Election  of  Legislators. 

46.  Such  Sheriffs  shall  meet  on  the  Wednesday  next 
following  the  return  day  of  such  election,  between  the  hours 
of  one  and  six  of  the  afternoon  at  the  court  house  of  the 
oldest  county  in  such  district,  where  they  shall  compare  the 
certificates  delivered  to  them  by  the  Clerks,  and  shall  joint- 
ly make  out  and  transmit  to  the  person  having  the  highest 
number  of  votes  for  Senator  or  Representative  a  certificate 
of  his  election.  The  county  first  organized  (or,  if  two  or 
more  were  organized  at  the  same  session,  then  the  county 
having,  by  the  Auditor  of  State's  last  report,  the  highest 
number  of  taxable  polls)  shall  be  deemed  the  oldest.  (R. 
S.  1908  and  1914,  §6971;  R.  S.  1901,  §6279;  R.  S.  1897, 
§6578;  R.  S.  1894,  §6279;  R.  S.  1881,  §4724.) 

160.  Tie  Vote  for  Legislators. 

47.  If,  in  such  case,  any  two  or  more  persons  shall  have 
the  highest  and  an  equal  number  of  votes  for  the  same  office, 
such  Sheriffs  shall  certify  that  fact  to  the  Clerk  of  the  Cir- 
cuit Court  of  the  county  in  which  such  Sheriffs  shall  have 
compared  such  votes,  and  such  Clerk  shall  forthwith  certify 
the  same  to  the  Governor.  (R.  S.  1908  and  1914,  §6972; 
R.  S.  1901,  §6280;  R.  S.  1897,  §6579;  R.  S.  1894,  §6280;  R. 
S.  1881,  §4725.) 


172  GENERAL    LAWS 

161.  Certificate  to  Secretary  of  State. 

48.  Clerks  of  the  Circuit  Court,  on  the  day  succeeding 
the  return  day  of  such  election,  shall  make  out  in  words, 
certified  statements,  officially  sealed,  of  the  number  of  votes 
given  to  each  person  for  Governor  and  Lieutenant-Govern- 
or, for  Representative  in  Congress,  Judges  of  the  Supreme 
and  Circuit  Courts,  Clerk  of  the  Supreme  Court,  Reporter 
of  the  decisions  of  the  Supreme  Court,  Prosecuting  Attor- 
ney, Superintendent  of  Public  Instruction,  Secretary,  Aud- 
itor, and  Treasurer  of  State,  and  for  Senator  and  Represen- 
tative in  the  General  Assembly,  and  shall  deliver  the  same 
to  some  postmaster  of  the  county,  to  be  transmitted  by  mail 
to  the  Secretary  of  State,  taking  from  such  postmaster,  and 
filing  a  certificate  setting  forth  particularly  the  time  when 
such  certified  statement  was  deposited  in  such  postoffice. 
(R.  S.  1908  and  1914,  §6973;  R.  S.  1901,  §6281;  R.  S.  1897, 
§6580;  R.  S.  1894,  §6281;  R.  S.  1881,  §4726.) 

162.  Duty  of  Secretary  of  State. 

49.  The  Secretary  of  State  shall,  in  the  presence  of  the 
Governor,  compare  and  estimate  the  number  of  votes  given 
for  Judges  of  the  Supreme  Court,  Reporter  of  the  decisions 
of  the  Supreme  Court,  Clerk  of  the  Supreme  Court,  Secre- 
tary and  Auditor,  and  Treasurer  of  State,  and  Superin- 
tendent of  Public  Instruction,  and  certify  to  the  Governor 
the  persons  receiving  the  highest  number  of  votes  for  such 
offices,  and  also  compare  and  estimate  the  number  of  votes 
given  for  Judges  of  the  Circuit  Court  and  Prosecuting  At-J 
torney,  and  certify  to  the  Governor  the  persons  having  re- 
ceived the  highest  number  of  votes  in  their  respective  dis- 
tricts ;  and  thereupon  the  Governor  shall  transmit,  by  mail, 
to  such  persons  their  commissions.  (R.  S.  1908  and  1914, 
§6974;  R.  S.  1901,  §6282;  R.  S.  1897,  §6581;  R.  S.  1894, 
§6282;  R.  S.  1881,  §4727.) 


163.    Secretary  of  State  and  Governor,  as  to  Congressmen. 

50.  The  Secretary  of  State,  as  soon  as  he  shall  receive 
such  certified  statements,  shall  compare  and  estimate  the 
votes  given  for  Representatives  in  Congress,  and  certify  to 
the  Governor  the  persons  having  the  highest  number  of 


1 


I 


CONCERNING   ELECTIONS.  173 

votes  as  duly  elected;  and  the  Governor  shall  give  to  each 
of  the  persons  returned  to  him,  as  aforesaid,  a  certificate  of 
his  election,  sealed  with  the  seal,  and  attested  by  the  Secre- 
tary of  State:  Provided,  That  no  return  of  any  county 
which  has  come  into  his  hands,  and  which  has  been  duly 
authenticated  by  the  Clerk  thereof,  under  seal,  as  hereinbe- 
fore provided,  shall  be  rejected  by  said  Secretary  of  State, 
but  he  shall  estimate,  aggregate,  and  tabulate,  and  report  to 
the  Governor  the  total  number  of  vates  cast  in  each  county 
for  each  candidate  for  State  office.  Supreme  Judge,  or  other 
officer  to  be  elected  by  all  the  voters  of  the  State,  and  mem- 
bers of  Congress,  as  evidenced  to  him  by  the  face  of  such 
return  so  certified  to  him.  (E.  S.  1908  and  1914,  §6975;  R. 
S.  1901,  §6283;  E.  S.  1897,  §6582;  E.  S.  1894,  §6283;  E.  S. 
1881,  §4728.) 

164.  Clerk's  Duty  as  to  Election  of  Governor. 

51.  Each  Clerk  of  the  Circuit  Court  shall,  on  the  day 
following  the  return  day  of  election  for  Governor  and  Lieu- 
tenant-Governor, make  out  at  full  length,  two  certified  state- 

Lents,  under  the  seal  of  his<?ourt,  the  number  of  votes  each 
jandidate  received;  one  of  which  he  shall  transmit  to  the 
Speaker  of  the  House  of  Eepresentatives  of  the  next  Gen- 
iral  Assembly,  by  his  Senator  or  Eepresentative,  who  shall 
leliver  the  same  to  such  Speaker  on  or  before  the  second  day 
if  the  session,  and  the-  other  certified  statement  shall  be 
;ransmitted  by  mail  to  Indianapolis,  directed  to  said  Speak- 
er, and  to  the  care  of  the  Secretary  of  State,  by  whom  the 
lame  shall  be  delivered  to  the  Speaker  on  or  before  the  sec- 
ond day  of  the  session.  (E.  S.  1908  and  1914,  §6976;  E.  S. 
^1901,  §6284;  E.  S.  1901,  §6284;  E.  S.  1897,  §6583;  E.  S. 
1894,  §6284;  E.  S.  1881,  §4729.) 

165.  Pay  of  Officers. 

52.  Each  Inspector,  Judge  and  Clerk  of  any  election 
shall  be  allowed  and  paid  two  dollars  for  each  day's  service 
while  attending  such  election  and  performing  the  duties  of 
his  office;  and  the  same  rate  for  one  day's  services,  and 
mileage  at  the  rate  of  five  cents  per  mile,  going  and  return- 
ing, shall  be  allowed  and  paid  to  each  member  of  the  Board 
of  Canvassers.     (E.  S.  1908  and  1914,  §6977 ;   E.  S.  1901, 


174  GENERAL  LAWS 

§6285;  R.  S.  1897;  §6584;  R.  S.  1894,  §6285;  R.  S.  1881, 
§4730.) 

ARTICLE  2— SPECIAL  ELECTIONS. 

BBC.  SBC. 

166.  When  to  be  held,  168.    Notice  by  Sheriff. 

167.  When  Governor  to  order.  169.    How  conducted. 

[1881,  S..  p.  482.     Approved  April  21,  1881.     In  force  September  19,  1881.] 

166.  When  to  Be  Held. 

53.  A  special  election  shall  be  held  in  the  following 
cases : 

First.  Whenever  a  vacancy  shall  occur  in  the  office  of 
Senator  or  Representative  during  a  session,  or  when  the 
Legislature  will  be  in  session  after  the  occurrence  of  a 
vacancy  and  before  a  general  election. 

Second.  Whenever  a  vacancy  shall  occur  in  the  office  of 
Representative  in  Congress  while  in  session,  or  when  Con- 
gress will  be  in  session  after  such  vacancy  occurs  and  before 
a  general  election. 

Third.  Whenever  two  or  more  persons  receiving  votes 
at  any  election  shall  have  the  highest  and  an  equal  number 
of  votes  for  the  same  office. 

Fourth.  Whenever  a  vacancy  occurs  in  any  office  re- 
quired to  be  filled  at  a  special  election.  (R.  S.  1908  and 
1914,  §6978;  R.  S.  1901,  §6286;  R.  S.  1897,  §6585;  R.  S. 
1894,  §6286;  R.  S.  1881,  §4731.) 

167.  When  Governor  to  Order. 

54.  Special  elections  not  otherwise  provided  for  shall  b| 
ordered  by  the  Governor,  who  shall  issue  a  writ  or  writs  oj 
election,  directed  to  the  Sheriff  or  Sheriffs  of  the  proper" 
county  or  counties ;  and  such  writ  shall  specify  the  county^ 
district,  or  circuit  in  which  such  election  is  to  be  held,  thfl 
cause  and  object  of  such  election,  the  name  of  the  person 
whose  office  is  vacant,  and  the  day  on  which  such  election 
shall  be  held;  which  day  shall  be  the  same  in  case  such 
election  is  held  in  a  district  or  circuit  formed  of  two  03 
more  counties.  (R.  S.  1908  and  1914,  §6979;  R.  S.  190: 
§6827;  R.  S.  1897,  §6586;  R.  S.  1894;  §6287;  R.  S.  188: 
§4732.) 


CONCERNING   ELECTIONS.  175 

168.    Notice  by  Sheriff. 

55.  The  Sheriffs  who  receive  such  writs  ordering  a 
special  election  shall  give  the  same  notice  thereof  as  is  re- 
quired of  general  elections :  Provided,  Such  notice  may  be 
set  up  and  published  ten  days  only.  (E.  S.  1908  and  1914, 
§6980;  E.  S.  1901,  §6288;  E.  S.  1897,  §6587;  E.  S.  1894, 
§6288;  E.S.  1881,  §4733.) 

169i    How  Conducted. 

56.  All  special  elections  shall  be  conducted,  returned, 
certified  and  canvassed,  and  certificates  and  commissions 
shall  issue,  and  shall  in  all  respects  be  governed  by  the  pro- 
visions of  this  law  regulating  general  elections,  so  far  as 
applicable.  (E.  S.  1908  and  1914,  §6981;  E.  S.  1901,  §6289; 
E.  S.  1897,  §6588;  E.  S.  1894,  §6289;  E.  S.  1881,  §4734.) 

ARTICLE  3— TOWNSHIP  ELECTIONS. 

SEC.  SEC. 

170.  When  held.  175.    Ballots. 

171.  Township  Trustee — ^Assessor — Date  of  lece-        176.    Supervisors — Election — Pay — Districts. 

tion.  177.  Canvass — Inspector's  duties. 

172.  Terms  of  Trustees  and  Assessors.  178.  Tally  papers. 

173.  Justices  of  Peace  and  Constables.  179.  Certificates. 

174.  Election  governed  by  general  law. 

[1893,  p.  192.    Approved  March  2,  1893.     In  force  May  18,  1893.] 

170.  When  Held. 

1.  The  time  of  holding  the  election  of  Township  Trus- 
tees, Justices  of  the  Peace,  Assessors,  Constables,  Eoad 
Supervisors  and  such  other  officers  of  townships  as  may 
be  provided  for  by  law,  shall  be  changed  from  the  April 
election,  and  all  such  township  officers  shall  be  elected  at 
the  general  election  to  be  held  on  the  first  Tuesday  after 
th  first  Monday  in  November,  1894,  and  every  four  years 
thereafter,  and  which  election  shall  be  conducted  by  the 
provisions  of  the  law  governing  said  general  election.  (E. 
S.  1908  and  1914,  §6982 ;  E.  S.  1901,  §6290 ;  E.  S.  1897,  §6589 ; 
R.  S.  1894,  §6290.) 

[Acts  1911,  page  113.    Approved  March  2,  1911.     In  force  April  21,  1911.] 

171.  Township  Trustee — Assessor — Date  of  Election. 

1.  That  section  one  (1)  of  the  above  entitled  act,  the 
same   being   section   6983   of   Burns'   Annotated  Indiana 


176  ■  GENERAL    LAWS 

Statutes,  revision  of  1908,  be  and  the  same  is  hereby 
amended  as  follows :  Section  1.  That  the  time  for  holding 
the  election  of  Township  Trustees  and  Assessors  shall  be 
changed  from  the  general  election  on  the  first  Tuesday  after 
the  first  Monday  in  November,  1912,  to  the  general  election 
on  the  first  Tuesday  after  the  first  Monday  in  November, 
1914 ;  and  at  the  general  election  on  the  first  Tuesday  after 
the  first  Monday  in  November  of  every  fourth  year  there- 
after.    (E.  S.  1914,  Sec.  6983.) 

[1901,  p.  415.    Approved  March  11,  1901.    In  foi'ce  May  15,  1901.1 

172.  Terms  of  Trustees  and  Assessors. 

3.  .  The  terms  of  all  Township  Trustees  and  Township 
Assessors  to  be  elected  at  the  general  election  in  November, 
1904,  shall  begin  on  the  first  day  of  January,  1905 ;  and 
thereafter  the  terms  of  office  of  all  Township  Trustees  and 
Township  Assessors  shall  begin  on  the  first  day  of  January 
succeeding  their  election.  (R.  S.  1908  and  1914,  §6989;  R. 
S.  1901,  §6293a.)  M 

[1897,  p.  64.    Approved  February  25,  1897.     In  force  April  14,  1897.1 

173.  Justices  of  Peace  and  Constables. 

2.  The  time  of  holding  the  election  of  Justices  of  the 
Peace,  Constables  and  such  other  officers  of  the  township, 
as  may  be  provided  for  by  law,  and  the  time  when  they 
shall  enter  upon  the  duties  of  their  respective  offices,  shall 
remain  as  now  fixed  by  law.  (R.  S.  1908  and  1914,  §6984; 
R.  S.  1901,  §6290b;  R.  S.  1897,  §6591.) 

174.  Election  Governed  by  General  Law. 

3.  The  election  of  said  township  officers  shall  be  con-j 
ducted  under  the  provisions  of  the  law  governing  said  gem 
eral  election.  (R.  S.  1908  and  1914,  §6985;  R.  S.  1901] 
§6290c;  R.  S.  1897,  §6592.) 

175.  Ballots. 

4.  The  names  of  the  different  candidates  for  said  townj 
ship  offices  shall  be  printed  on  separate  ballots  of  a  yello^ 
color  and  deposited  in  separate  ballot  boxes  from  that  of 
the  State  and  county  ballots;  said  ballot  boxes  shall  be 


CONCERNING    ELECTIONS. 


177 


painted  yellow  and  said  ballots  and  ballot  boxes  shall  be 
prepared  in  conformity  with  the  law  governing  said  general 
elections.  (K  S.  1908  and  1914,  §6986;  E.  S.  1901,  §6291; 
R.  S.  1897,  §6593.) 

[Acts  1913,  p.  862.    Approved  Marcli  15,  1913.] 

176.   Road  Supervisors — Election — Pay — Districts — Duties. 

1.  That  the  supervisors  of  each  and  every  township 
hereinafter  provided  for,  shall  be  elected  at  the  general 
election  to  be  held  in  November,  1914,  to  serve  for  a  period 
of  two  years,  and  their  successors  shall  be  elected  at  each 
biennial  election  thereafter;  and  all  such  supervisors  so 
elected  shall  hold  office  until  their  successors  are  appointed 
and  qualified.  In  all  townships  in  this  state  in  which  the 
township  roads  do  not  exceed  ten  miles  in  length,  the  town- 
ship trustee  shall  be  ex-officio  road  supervisor,  and  in  no 
case  shall  there  be  to  exceed  four  supervisors  in  any  one 
township  in  this  state.  Each  supervisor  shall  at  the  time  of 
he  is  elected.  A  certificate  of  election  shall  be  issued 
by  the  election  board  in  which  such  election  is  had 
within  three  days  thereafter  to  the  person  so  elected. 
Such  supervisor  shall  take  an  oath,  before  entering 
upon  the  discharge  of  his  duties,  for  the  faithful  per- 
formance thereof,  and  give  a  bond  with  surety  to  be  ap- 
proved by  the  township  trustee,  and  conditioned  for  the 
faithful  discharge  of  his  duties,  in  the  sum  of  not  less  than 
two  hundred  ($200.00)  dollars,  which  bond  shall  be  de- 
posited with  the  township  trustee :  Provided^  That  if  any 
person  elected  supervisor  shall  be  unable  to  give  such  bond, 
such  inability  shall  be  a  defense  to  the  collection  of  the  for- 
feiture herein  provided  for,  and  the  township  trustee  shall 
appoint  some  one  else  as  supervisor  who  shall  serve  until 
his  successor  is  elected  and  qualified.  Each  road  super- 
visor shall  receive  for  his  services  actually  performed  the 
sum  of  twenty-five  cents  (25c)  per  hour,  for  not  to  exceed 
sixty  (60)  days  except  that  in  the  event  of  the  election  of 
but  one  (1)  supervisor  for  his  township,  the  township  may 
extend  the  time  said  supervisor  shall  work  to  not  more  than 
120  days  in  any  one  year  to  be  paid  out  of  the  township 
treasury.  Before  receiving  such  pay  he  shall  file  a  sworn 
statement  with  the  trustee  of  the  township,  which  statement 
shall  specify  the  days  and  roads  upon  which  such  services 

12—1779 


178  GENERAL   LAWS 

were  performed.  Upon  failure  or  neglect  to  carry  out  or 
perform  sucli  duties  as  are  imposed  upon  him,  and  super- 
visor shall  be  liable  upon  the  bond  hereinbefore  provided 
for,  or  he  may  be  removed  from  office  by  the  township  trus- 
tee. The  township  trustee  shall  fill  all  vacancies  for  the 
unexpired  term,  and  shall  notify  such  appointee  of  his  ap- 
pointment within  three  (3)  days  thereof.  Such  supervisors 
shall  have  charge  of  and  work  and  keep  in  good  repair  the 
roads  of  their  respective  districts.  They  shall  be  subject 
to  the  control  and  direction  of  the  township  trustee,  who 
shall  see  that  their  duties  be  faithfully  performed,  and  who 
shall  see  that  the  roads  of  the  townships  are  dragged  when- 
ever the  weather  conditions  make  such  work  advisable.  He 
shall  also  call  out  all  persons  in  such  district  liable  to  work 
on  highways  therein,  superintend  the  labor  thereon,  see  that 
the  same  is  faithfully  performed  and  report  to  the  trustee 
all  fines  and  commutation  moneys  due  such  district  and  the 
same  shall  be  collected  by  such  trustee,  and  whenever  such 
trustee  shall  deem  it  necessary  he  may  make  any  change  in 
the  road  districts  that  may  subserve  the  public  interest.  On 
dividing  his  township  into  road  districts,  or  where  any 
change  is  made  therein,  such  trustee  shall  record  a  plat 
thereof  in  the  highway  record  of  his  township,  which  shall 
show  the  roads  and  parts  of  roads  belonging  to  each  road 
district.  Eoad  districts  shall  not  be  held  to  include  any 
part  or  parts  of  cities  or  incorporated  towns  that  may  be 
in  the  township  in  which  such  road  districts  are  located. 
(R.  S.  1914,  Sec.  7760.) 

[1881,  p.  482,    Approved  April  21,  1881.    In  force  September  19,  1881.  J 

177.    Canvass — Inspector's  Duties. 

58.  The  Board  of  Judges  shall  count  the  votes  given 
for  each  person  for  each  office,  and  certify  the  result,  and 
the  Inspector  shall  file  one  of  the  poll  books  and  tally 
sheets,  with  ballots  on  a  string,  in  the  Clerk's  office  of  the 
county,  within  ten  days  after  such  election.  If  two  or  more 
have  the  highest  and  an  equal  number  of  votes  for  the  same 
office,  such  Judges  shall,  when  the  result  is  certified,  deter- 
mine by  lot  the  person  entitled  to  the  office,  and  the  next 
day,  the  Inspector  shall  make  out  and  deliver  to  the  per- 
son elected,  when  demanded,  a  certificate  for  each  person 


CONCERNING    ELECTIONS.  179 

elected  to  any  office  in  said  township,  except  Justice  of  the 
Peace :  Provided,  That,  if  there  be  more  than  one  precinct 
in  said  township,  then  the  Inspectors  of  the  several  pre- 
cincts shall  meet,  on  the  day  following  the  election,  at  the 
office  of  the  Township  Trustee,  at  as  near  ten  o'clock  a.  m, 
as  is  practicable,  and  compare  the  poll  books  and  certifi- 
cates thereto  held  by  them,  and  having  aggregated  the  vote 
of  the  township,  declare  and  certify  the  result ;  and  if  two 
or  more  persons  have  the  highest  and  an  equal  number  of 
votes  for  the  same  office,  they  shall  determine,  by  lot,  which 
shall  be  declared  elected,  and  give  a  certificate  accordingly. 
(R.  S.  1908  and  1914,  §6987;  R.  S.  §1901,  §6292;  R.  S.  1897, 
§6594;  R.  S.  1894,  §6292;  R.  S.  1881,  §4736.) 

[Acts  1905,  p.  193.] 

178.  Tally  Papers. 

The  tally  papers  for  township  elections  shall  be  kept 
separate  and  apart  from  those  upon  which  are  recorded 
the  votes  cast  for  candidates  for  State,  district  and  county 
offices,  and  the  vote  for  township  offices  shall  be  canvassed 
as  heretofore  provided  by  law:  Provided,  however.  That 
in  all  townships  having  more  than  ten  (10)  voting  precincts 
the  vote  thereof  for  township  officers  shall  be  canvassed  by 
the  county  Board  of  Canvassers  as  herein  provided  for  all 
county  elections.  (R.  S.  1908  and  1914,  §6966;  R.  S.  1905, 
§6275e.) 

[1889,  p.  344.    Approved  March  9,  1889.    In  force  May  10,  1889.] 

179.  Certificates. 

59.  Such  certificate  shall  entitle  the  holder  to  qualify 
and  enter  upon  his  discharge  of  the  duties  of  the  office  to 
which  he  is  elected,  at  the  expiration  of  ten  days  from 
the  day  of  such  election,  except  that  of  Township  Trustee 
and  Township  Assessor,  who  shall  enter  upon  the  duties 
of  their  offices  on  the  first  Monday  of  August  following 
such  election,  and  also  except  that  the  certificates  of  elec- 
tion of  Justices  of  the  Peace  shall  be  forwarded  by  the  In- 
spector aforesaid  to  the  Clerk  of  the  Circuit  Court,  who 
shall  certify  the  result  for  that  office  to  the  Secretary  of 
State.  (R.  S.  1908  and  1914,  §6988;  R.  S.  1901,  §6293;  R. 
S.  1897,  §6595;  R.  S.  1894,  §6293.) 


180  GENEKAL    LAWS 

ARTICr.E  4r— RE-COUNTING. 

8EC.  SEC, 

180.  When  candidate  may  have.  185.  Elections — Voting  machines— Recount. 

181.  Proceeding  to  obtain.  186.  Contests  petition — Order  for  recount. 

182.  Order  for  recounting — How  conducted.  187.  Date  for  hearing. 

183.  Certificate  of  recount.  188.  Hearing— Examination — Assistant. 

184.  Adjournments  forbidden— Pay— Ballots,  189.  Correction  of  totals. 

how  preserved. 

[1881,  S.,  p.  482.     Approved  April  21,  1881.     In  force  September  19,  3881.] 

180.  When  Candidate  May  Have. 

61.  At  any  time  within  ten  days  after  the  Thursday 
next  succeeding  any  election,  any  candidate  for  office  at 
snch  election,  desiring  to  contest  the  same,  may  petition, 
in  writing,  the  Circuit  Court,  if  in  session,  or  the  Judge 
thereof  in  vacation,  for  a  re-count  of  the  ballots  cast  at 
such  election,  by  three  Commissioners,  appointed  by  the 
Court  or -Judge,  two  of  whom  shall  be  from  different  polit- 
ical parties:  Provided,  That  such  appointments  shall  be 
made  from  the  political  parties  which  cast  the  highest  num- 
ber of  votes  at  the  last  preceding  general  election.  (R.  S. 
1908  and  1914,  §6990;  R.  S.  1901,  §6294;  K  S.  1897,  §6596; 
R.  S.  1894,  §6294;  R.  S.  1881,  §4738.) 

1.  This  and  tlio  succeeding  four  sections  may  be  considered  as  re- 
pealed. 

181.  Proceeding  to  Obtain. 

62.  Upon  the  petition  of  such  candidate,  duly  veri- 
fied, showing  that  he  desires  to  contest  such  election,  and 
honestly  believes  that  there  was  a  mistake  or  fraud  com- 
mitted in  the  official  count,  and  that  he  desires  a  re-count 
of  the  ballots  cast  at  said  election  for  the  office  for  which 
he  was  a  candidate,  and  upon  proof  that  he  has  served  a 
written  notice  upon  the  opposing  candidate  of  the  time  and 
place  of  such  application,  ^yq  dayt^  before  the  hearing,  and 
upon  his  furnishing  a  written  undertaking,  with  sufficient 
freehold  surety,  that  he  will  pay  all  the  costs  of  such  re- 
count, the  Court  or  Judge  shall  grant  the  prayer  of  said 
petition  and  order  said  re-count  to  be  made.  (R.  S.  1908 
and  1914,  §6991;  R.  S.  1901,  §6295;  R.  S.  1897,  §6597;  R.  S. 
1894,  §6259;  R.  S.  1881,  §4739.) 

182.  Order  for  Re-counting— How  Conducted. 

63.  In  appointing  such  commissioners  to  make  said| 
re-count,  the  Court  shall  fix  the  time  within  which  the  same! 


CONCERNING    ELECTIONS.  181 

shall  commence,  not  exceeding  thirty  days  thereafter,  and 
the  Clerk  of  the  Circuit  Court  shall  act  as  Clerk  of  said 
Commissioners.  The  order  shall  provide  that  each  of  the 
candidates  may  be  present  during  said  re-count;  and  two 
qualified  voters  of  the  county,  selected  by  each  of  said 
candidates,  may  also  be  present,  and  may  witness  the  re- 
count of  the  vote,  and  such  witnesses  shall  conduct  them- 
selves in  a  quiet  and  orderly  manner,  and  shall  not  inter- 
rupt said  Commissioners  wjiile  in  the  discharge  of  their 
duties.  Such  order  shall  be  entered  on  the  order  book  of 
the  Circuit  Court.  (R.  S.  1908  and  1914,  §6992;  R.  S.  1901, 
§6296;  R.  S.  1897,  §6598;  R.  S.  1894,  §6296;  R.  S.  1881, 
§4740.) 

183.  Certificate  of  Re-count. 

64.  When  said  re-count  is  finished,  the  Commission- 
ers, or  a  majority  of  them,  shall  make  out  a  certificate,  un- 
der their  hands,  stating  the  number  of  votes  that  each  of 
said  candidates  has  received  for  said  ofiice  in  each  town- 
ship and  precinct,  and  which  of  said  candidates,  as  shown 
by  the  said  re-count,  received  the  highest  number  of  votes, 
and  what  his  majority  or  plurality  was;  and  said  certifi- 
cate shall  be  filed  with  the  Clerk  of  the  Circuit  Court  and 
recorded  in  the  order  book  of  said  court.  Such  certificate, 
or  the  record  thereof,  may  be  used  as  evidence  of  the  facts 
therein  recited  upon  the  trial  of  any  contest  of  said  election 
between  said  candidates.  (R.  S.  1908  and  1914,  §6993 ;  R.  S. 
1901,  §6297;  R.  S.  1897,  §6599;  R  S.  1894,  §6297;  R.  S. 
1881,  §4741.) 

184.  Adjournments  Forbidden — Pay— Ballots,   How  Pre- 
served. 

65.  No  adjournment  shall  be  had  until  said  re-count 
is  finished  and  said  certificate  is  made  out  and  filed.  Said 
Commissioners  shall  each  be  allowed,  and  paid  by  said  peti- 
tioners, at  the  rate  of  three  dollars  per  day,  each,  for  their 
services.  Said  Clerk  shall,  as  soon  as  such  re-count  is  com- 
pleted, replace  said  ballots  in  the  ballot-boxes,  securely  lock- 
and  seal  them,  and  keep  them  as  above  provided.  For  his 
services  in  the  matter  of  such  re-count,  said  Clerk  shall  re- 
ceive from  such  petitioner  the  sum  of  five  dollars.     (R.  S. 


182  GENERAL  LAWS 


1908  and  1914,  §6994;  R.  S.  1901,  §6298;  R.  S.  1897,  §6600; 
R.  S.  1894,  §6298;  R.  S.  1881,  §4742.) 

[Acts  1911,  page  67.    Approved  February  25,  1911.    In  force  April  21,  1911.] 

185.    Elections — Voting  Machines — Re-count. 

1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Indiana,  That  at  any  time  within  ten  days  after  the 
Thursday  next  succeeding  any  election,  wherein  the  votes 
are  cast  by  means  of  voting  machines,  any  candidate  for 
office  at  such  election,  desiring  to  contest  the  same,  may 
petetion  [petition],  in  writing,  the  Circuit  Court,  if  in  ses- 
sion, or  the  Judge  thereof  in  vacation,  for  a  recount  of  bal- 
lots cast  within  the  bounds  of  the  county  wherein  such 
court  has  jurisdiction.     (R.  S.  1914,  Sec.  6994a.) 


186.    Contest  Petition — Order  for  Re-count. 

2.  Upon  the  petition  of  such  candidate,  duly  verified, 
showing  that  he  desires  to  contest  such  election,  and  hon- 
estly believes  that  said  machine,  or  machines,  was  defect- 
ive, or  was  tampered  with  unlawfully,  or  there  was  mis- 
take or  fraud  committed  in  the  official  count  of  the  vote 
recorded  by  said  machine,  or  machines,  in  any  voting  pre- 
cinct or  precincts  within  said  county,  and  that  he  desires 
a  recount  and  correction  of  the  ballots  cast  on  said  machine, 
or  machines,  at  said  election  for  the  office  for  which  he 
was  a  candidate,  and  upon  his  furnishing  a  written  under- 
taking, with  sufficient  freehold  security,  that  he  will  pay 
all  costs  of  such  recount,  the  court  or  judge  shall  grant  the 
prayer  of  said  petetion  [petition]  and  order  said  recount 
to  be  made,  and  set  the  same  for  hearing  and  the  Clerk  of 
said  court  will  issue  process  on  the  petition  against  the 
opposing  candidate  as  provided  in  civil  cases.  (R.  S.  1914, 
Sec.  6994b.) 


187.    Date  for  Hearing. 

3.  In  fixing  such  date  for  said  recount  and  correction 
the  court  shall  fix  the  time  within  twenty  days  thereafter 
unless  the  time  for  granting  said  petetion  [petition]  be  in 
vacation  and  more  than  twenty  days  prior  to  the  first  dayj 
of  the  next  succeeding  term  of  court,  in  which  case  he  shal 
fix  the  said  date  for  hearing  on  the  first  day  of  the  follow- 
ing term  of  said  court.     (R.  S.  1914,  Sec.  6994c.) 


1 


1 


I 


CONCERNING   ELECTIONS. 


183 


188.  Hearing — Examination — Assistant. 

4.  Upon  the  day  fixed  the  court  shall  proceed  to  make 
such  recount  and  correction  by  hearing  evidence  as  in  other 
cases  and  the  court  shall  have  power  to  open  and  examine 
said  machine  or  machines  and  to  appoint  a  competent  me- 
chanic to  assist  in  such  examination  and  said  examination 
is  to  be  made  in  open  court  and  such  mechanic  shall  receive 
the  sum  of  $5  for  his  said  services  in  addition  to  the  regular 
witness  fee.     (R.  S.  1914,  Sec.  6994d.) 

189.  Correction  of  Totals. 

5.  When  the  evidence  is  heard  said  court  shall  decide 
the  number  of  votes  each  of  said  candidates  received  by 
said  mahcine  or  machines  in  said  respective  precinct  or 
precincts  and  said  court  shall,  in  case  of  fault  of  the  ma- 
chine to  properly  register  from  any  cause  or  an  incorrect 
or  fraudulent  count,  correct  the  same  and  give  to  each 
of  said  candidates  his  correct  vote  in  said  precinct  or  pre- 
cincts, and  shall  in  the  case  of  township,  city  and  county 
offices  correct  the  total  vote  of  such  candidates  in  said 
township,  city  or  county  in  accordance  with  said  finding 
and  declare  the  one  receiving  the  greatest  number  of  votes 
elected  to  said  office  and  in  circuit,  district  and  State  offices 
such  correction,  if  any,  shall  be  certified  by  the  Clerk  of 
said  court  to  the  Secretary  of  State  who  shall  correct  the 
total  vote  of  such  candidate  in  accordance  therewith.  (R. 
S.  1914,  Sec.  6994e.) 


ARTICLE  5— CONTEST. 

BEC. 
190. 

Who  may  contest. 

SEC. 

203. 

Causes  for  contest. 

191. 

Contest  for  state  office. 

204. 

Election,  when  not  set  aside. 

192. 

Notice. 

205. 

Contest  for  local  offices. 

193. 

Committee  to  try — Powers. 

206. 

Notice  by  Auditor  to  Clerk. 

194. 

Contesting  seat  of  Legislator, 

207. 

Notice  to  County  Boardof  Contestee. 

195. 

Depositions. 

208. 

Subpoenas — Trial  of  contest. 

196. 

Notice  to  contestee. 

209. 

Appeals. 

197. 

Powers  of  Justices. 

210. 

Duty  of  Court  on  appeal. 

198. 

Vacancy. 

211. 

Voters  compelled  to  testify. 

19C. 

Meeting  of  Justices— Their  duty. 

212. 

Fees  and  costs. 

200. 

Clerk's  duty. 

213. 

Commissioner  to  take  testimony. 

201. 

Duties  of  Secretary  of  State. 

214. 

Contest  for  municipal  office. 

202. 

Depositions;  when  read. 

215. 

Appeal  to  Supreme  Court. 

[1881,  S.,  p.  482.    Approved  April  21,  1881.     In  force  September  19,  1881.] 

190.    Who  May  Contest. 

66.     The  election  of  any  person  declared  elected  By 
popular  vote  to  any  office,  whether  State,  county,  township, 


184  GENERAL    LAWS 

or  municipal,  may  be  contested  by  any  elector  who  was  en- 
titled to  vote  for  such  person.  The  person  contesting  such 
election  shall  be  known  as  the  contestor;  the  person  whose 
election  is  contested,  as  the  contestee.  (R.  S.  1908  and 
1914,  §6995;  R.  S.  1901,  §6299;  R.  S.  1897,  §6601;  R.  S. 
1894,  §6299;  R.  S.  1881,  §4743.) 

191.  Contest  for  State  Office. 

67.  When  such  elector  may  choose  to  contest  the  elec- 
tion of  any  State  officer,  elective  by  the  people,  he  shall, 
within  twenty  days  after  the  first  day  of  the  next  session  of 
the  General  Assembly  thereafter,  deliver  to  the  presiding 
officer  of  the  House  of  Representatives  specifications  of 
the  grounds  of  such  contest;  which  specifications  shall  be 
verified  by  the  affidavit  of  such  electors.  (R.  S.  1908 
and  1914,  §6996;  R.  S.  1901,  §6300;  R.  S.  1897,  §6602;  R.  S. 
1894,  §6300;  R.  S.  1881,  §4744.) 

192.  Notice. 

68.  As  soon  as  such  presiding  officer  receives  such 
specifications,  he  shall  make  out  a  notice  of  contest,  which, 
together  with  a  copy  of  the  specifications,  he  shall  cause  to 
be  directed  and  delivered  to  the  person  whose  election  is 
contested;  and  shall  immediately  give  notice  to  both  Houses  M 
that  such  specifications  have  been  received.  (R.  S.  1908  " 
and  1914,  §6997;  R.  S.  1901,  §6301;  R.  S.  1897,  §6603;  R.  S. 
1894,  §6301;  R.  S.  1881,  §4745.) 

193.  Committee  to  Try — Powers. 

69.  Each  House  shall  choose,  by  a  viva  voce  vote,  seven 
members  of  its  own  body;  and  the  members  thus  selected 
shall  constitute  a  committee  to  try  and  determine  such 
contested  election;  and  for  that  purpose  shall  hold  their 
meetings  publicly,  at  the  capitol,  at  such  time  and  place 
as  they  may  designate,  and  may  adjourn  from  day  to  day^ 
or  to  a  day  certain,  until  such  trial  shall  be  determined 
They  shall  have  power  to  send  for  persons  and  papers 
and  to  take  all  necessary  means  to  procure  testimony,  ex- 
tending like  privileges  to  the  contestor  and  the  contestee; 


CONCERNING    ELECTIONS.  185 

and  shall  report  their  judgment  in  the  premises  to  both 
branches  of  the  General  Assembly;  which  report  shall  be 
entered  on  the  journals  of  the  respective  Houses,  and  the 
judgment  of  such  committee  shall  be  conclusive.  If  such 
election  be  adjudged  invalid,  such  office  shall  be  vacant. 
(E.  S.  1908  and  1914,  §6998;  E.  S.  1901,  §6302;  E.  S.  1897, 
§6604;  E.  S.  1894,  §6302;  E.  S.  1881,  §4746.) 

194.  Contesting  Seat  of  Legislator. 

70.  Any  such  elector  who  may  choose  to  contest  the 
election  of  any  person  declared  elected  to  a  seat  in  the  Sen- 
ate or  House  of  Eepresentatives  shall,  within  ten  days  after 
such  election,  file  with  the  Clerk  of  the  Circuit  Court  of  the 
county  in  which  the  alleged  cause  of  contest  originated,  a 
statement  of  the  grounds  of  contest  on  which  he  relies,  and 
that  he  was  entitled  to  vote  at  such  election,  verified  by  his 
affidavit.  (E.  S.  1908  and  1914,  §6999;  E.  S.  1901,  §6303; 
E.  S.  1897,  §6605;  E.  S.  1894,  §6303;  E.  S.  1881  §4747.) 

195.  Depositions. 

71.  When  such  statement  shall  be  filed,  such  Clerk 
shall  issue  a  commission  directed  to  two  Justices  of  the 
Peace  of  his  county,  not  of  kin  to  the  contestor  nor  to  any 
person  who  was  a  candidate  at  such  election  for  the  office 
the  election  to  which  is  contested,  to  meet  at  such  time  and 
place  as  shall  be  specified  in  such  commission,  not  less 
than  twenty  nor  more  than  thirty  days  from  the  time  of 
issuing  the  same,  for  the  purpose  of  taking  the  depositions 
of  witnesses.  (E.  S.  1908  and  1914,  §7000;  E.  S.  1901, 
§6304;  E.  S.  1897,  §6606;  E.  S.  1894,  §6304;  E.  S.  1881, 
§4748.) 

196.  Notice  to  Contestee. 

72.  Written  notice  of  such  contest,  specifying  the  time 
and  place  of  taking  depositions  and  before  whom  to  be 
taken,  and  a  copy  of  such  statement,  certified  by  such 
Clerk,  shall,  within  ten  days  after  such  statement  shall  have 
been  filed,  be  delivered  to  the  contestee,  or,  if  he  can  not 
be  found,  shall  be  left  at  his  last  and  usual  place  of  resi- 
dence by  the  Sheriff  of  the  county,  who  shall  return  to  such 


186  GENERAL    LAWS 


I 


Clerk  a  certified  copy  of  such  notice,  with  the  manner  and 
-time  of  service  indorsed  thereon,  for  which  he  shall  re- 
ceive from  the  contestor  the  same  fees  allowed  in  writs  of 
summons.  (E.  S.  1908  and  1914,  §7001 ;  R.  S.  1901,  §6305 ; 
R.  S.  1897,  §6607;  R.  S.  1894,  §6305;  R.  S.  1881,  §4749.) 


197.    Powers  of  Justices. 


73.  Either  of  such  Justices  shall  have  power  to  issu 
subpoenas,  to  be  served  by  the  Sheriff;  and  when  met  at 
the  time  and  place  appointed  to  take  depositions,  shall  have 
the  same  power  to  issue  attachments  and  assess  fines 
against  witnesses  as  is  given  to  Justices  in  the  trial  of  suits 
instituted  before  them.  (R.  S.  1908  and  1914,  §7002;  R.  S. 
1901,  §6306;  R.  S.  1897,  §6608;  R.  S.  1894,  §6306;  R.  S.  1881, 
§4750.) 

198.  Vacancy. 

74.  If  either  of  the  Justices  first  appointed  becomes 
unable  to  proceed  in  such  examination,  such  Clerk  shall  fill 
the  vacancy  with  any  other  Justice  of  the  county.  (R.  S. 
1908  and  1914,  §7003;  R.  S.  1901,  §6307;  R.  S.  1897,  §6609; 
R.  S.  1894,  §6307;  R.  S.  1881,  §4751.) 

199.  Meeting  of  Justices— Their  Duty. 

75.  Such  Justices  shall  meet  at  the  time  and  plac( 
appointed,  take  and  certify  such  depositions  as  in  othei 
cases,  and  may  adjourn  from  time  to  time,  and  when  the 
same  is  closed,  shall  deliver  the  depositions,  with  the  com- 
mission, to  such  Clerk.  (R.  S.  1908  and  1914,  §7004;  R. 
S.  1901,  §6308;  R.  S.  1897,  §6610;  R.  S.  1894,  §6308; 
S.  1881,  §4752.) 

200.  Clerk's  Duty. 

76.  Such  Clerk  shall  seal  up  the  depositions,  original! 
statement  of  the  grounds  of  contest,  the  copy  of  the  notice 
served  on  the  contestee,  and  the  commission  issued  to  sucl 
Justices,  indorse  thereon  the  names  of  the  contesting  par-j 
ties  and  the  branch  of  the  Legislature  before  which  sucl' 
contest  is  to  be  tried,  and  transmit  the  same,  by  mail,  to  th< 


1 


OONCERNINQ    ELECTIONS.  187 

Secretary  of  State.  (R.  S.  1908  and  1914,  §7005;  R.  S. 
1901,  §6309;  R.  S.  1897,  §6611;  R.  S.  1894,  §6309;  R.  S.  1881, 
§4753.) 

201.  Duties  of  Secretary  of  State. 

77.  The  Secretary  of  State,  on  or  before  the  second 
day  of  the  session  of  the  General  Assembly  held  next  there- 
after, shall  deliver  such  depositions  to  the  presiding  officer 
of  the  proper  House,  who  shall  immediately  lay  the  same 
before  such  House.  (R.  S.  1908  and  1914,  §7006 ;  R.  S.  1901, 
§6310;  R.  S.  1897,  §6612;  R.  S.  1894,  §6310;  R.  S.  1881, 
§4754.) 

202.  Depositions;   When  Read. 

78.  At  any  time  after  notice  of  contest,  and  before 
final  determination,  either  party  may  take  depositions  to 
be  read  on  trial,  under  the  rules  regulating  the  taking  of 
depositions  to  be  read  in  the  Circuit  Court;  and  such  de- 
positions shall  be  sent,  by  mail,  to  the  Secretary  of  State, 
who  shall  deliver  the  same,  unopened,  to  the  presiding  offi- 
cer of  the  proper  House.  (R.  S.  1908  and  1914,  §7007 ;  R.  S. 
1901,  §6311;  R.  S.  1897,  §6613;  R.  S.  1894,  §6311;  R.  S.  1881, 
§4755.) 

203.  Causes  for  Contest. 

79.  Any  election,  the  contest  of  which  is  provided  for 
in  this  Act,  may  be  contested  for  any  of  the  following 
causes : 

First.  For  irregularity  or  malconduct  of  any  member 
or  officer  of  the  proper  Board  of  Judges  or  Canvassers. 

Second.     When  the  contestee  was  ineligible. 

Third.  When  the  contestee,  previous  to  such  election, 
shall  have  been  convicted  of  an  infamous  crime,  such  con- 
viction not  having  been  reversed  nor  such  person  pardoned 
at  the  time  of  such  election. 

Fourth.     On  account  of  illegal  votes. 

(R.  S.  1908  and  1914,  §7008;  R.  S.  1901,  §6312;  R.  S. 
1897,  §6614;  R.  S.  1894,  §6312;  R.  S.  1881,  §4756.) 

204.  Election,  When  Not  Set  Aside. 

80.  No  irregularity  or  malconduct  of  any  member  or 
officer  of  a  Board  of  Judges  or  Canvassers  shall  set  aside 


188  GENERAL    LAWS 


I 


the  election  of  any  person,  unless  such  irregularity  or  mal- 
conduct  was  such  as  to  cause  the  contestee  to  be  declared 
elected  when  he  had  not  received  the  highest  number  of 
legal  votes;  nor  shall  any  election  be  set  aside  for  illegal 
votes,  unless  the  number  thereof  given  to  the  contestee,  if 
taken  from  him,  would  reduce  the  number  of  his  legal  votes 
below  the  number  of  legal  votes  given  to  some  other  person 
for  the  same  office.  (E.  S.  1908  and  1914,  §7009 ;  R.  S.  1901, 
§6313;  K  S.  1897,  §6615;  R.  S.  1894;  §6313;  R.  S.  1881, 
§4757.) 


205.  Contest  for  Local  Offices. 

81.  All  contests  for  county  and  township  offices  shall 
be  tried  in  the  proper  county;  and  all  contests  for  district 
and  circuit  offices,  not  otherwise  provided  for  in  this  Act, 
shall  be  tried  in  the  county  giving  the  largest  vote  for  such 
office  at  such  election ;  and  whenever  an  elector  shall  choose 
to  contest  such  election  he  shall  file  with  the  Auditor  of 
the  proper  county,  within  ten  days  after  such  person  has 
been  declared  elected,  a  written  statement  specifying  the 
grounds  of  contest,  verified  by  the  affidavit  of  such  elector. 
(R.  S.  1908  and  1914,  §7010;  R.  S.  1901,  §6314;  R.  S.  1897, 
§6616;  R.  S.  1894,  §6314;  R.  S.  1881,  §4758.) 

206.  Notice  by  Auditor  to  Clerk.  • 

82.  When  such  statement  is  filed  with  the  Auditor  of 
the  proper  county  he  shall  immediately  give  notice,  in  writ- 
ing, to  the  Clerk  of  the  Circuit  Court,  that  the  election  to 
such  office  is  contested;  and  when  the  office  of  County 
Auditor  is  contested,  such  statement  shall  be  filled  with  the 
Clerk,  who  shall  do  the  duties  otherwise  required  by  this 
act  of  the  Auditor.  The  filing  of  such  statement  shall  be 
notice  to  him.  (R.  S.  1908  and  1914,  §7011;  R.  S.  1901, 
§6315;  R.  S.  1897,  §6617;  R.  S.  1894,  §6315;  R.  S.  1881, 
§4759.) 

207.  Notice  to  County  Board  and  Contestee. 

83.  When  such  statement  is  filed  with  the  Auditor 
he  shall  issue  a  notice  to  the  Board  of  County  Commission- 
ers to  meet  at  the  court  house  at  a  designated  time,  not 
less  than  ten  nor  more  than  twenty  days  thereafter,  to  try 


I 


CONCERNING    ELECTIONS. 


189 


such  contested  election,  and  shall  issue  a  notice  to  the  con- 
testee  to  appear  at  the  time  and  place  specified  in  the  notice 
to  the  Commissioners;  which,  with  a  copy  of  such  state- 
ment, shall  be  delivered  to  the  Sheriff  of  the  county,  who 
shall,  within  five  days  thereafter,  serve  the  same  on  the 
contestee,  by  delivering  to  him  a  copy  of  such  notice  and 
statement  or  leaving  a  copy  thereof  at  his  last  usual  place 
of  residence.  (R.  S.  1908  and  1914,  §7012 ;  R.  S.  1901,  §6316 ; 
R.  S.  1897,  §6618;  R.  S.  1894,  §6316;  R.  S.  1881,  §4760.) 

208.  Subpoenas — Trial  of  Contest. 

84.  The  Auditor,  at  the  request  of  either  party,  shall 
issue  subpoenas,  which  shall  be  served  by  the  Sheriff.  Such 
Board  of  Commissioners  shall  try  and  determine  such  con- 
test; and  shall  have  power  to  compel  the  attendance  of 
witnesses,  to  swear  and  examine  the  same,  to  punish  con- 
tempts as  other  courts,  to  adjourn  or  continue  the  trial 
from  time  to  time,  not  exceeding  twenty  days  altogether; 
to  make  the  necessary  orders  for  the  payment  of  costs,  and 

j  to  coerce  the  payment  of  the  same,  and  shall  be  governed 
in  such  trial  by  the  rules  of  law  obtaining  in  Circuit  Courts. 
And  if  it  be  proved  that  any  other  person  than  the  con- 
testee has  the  highest  number  of  legal  votes,  such  Board 
shall  declare  such  person  elected,  and  certify  the  same  to 
the  proper  officer.  (R.  S.  1908  and  1914,  §7013;  R.  S.  1901, 
§6317;  R.  S.  1897,  §6619;  R.  S.  1894,  §6317;  R.  S.  1881, 
§4761.) 

209.  Appeals. 

85.  Appeals  may  be  taken  herein,  as  from  other  de- 
cisions of  such  Board:  Provided,  That  the  same  be  taken 
within  ten  days.  (R.  S.  1908  and  1914,  §7014;  R.  S.  1901, 
§6318;  R.  S.  1897,  §6620;  R.  S.  1894,  §6318;  R.  S.  1881, 
§4762.) 

210.  Duty  of  Court  on  Appeal. 

86.  If  upon  such  appeal  the  Circuit  Court  confirm  such 
election,  a  certificate  thereof  shall  issue;  if  such  election 
be  annulled,  and  no  other  persons  declared  elected  to  the 
same  office,  it  shall  be  declared  vacant.  (R.  S.  1908  and 
1914,  §7015 ;  R.  S.  1901,  §6319 ;  R.  S.  1897,  §6621 ;  R.  S.  1894, 
§6319;  R.  S.  1881,  §4763.) 


l&O  GENiJRAL    LAWS 

211.  Voters  Compelled  to  Testify. 

87.  Any  witness  who  voted  at  such  election,  when 
called  to  testify  in  any  such  case,  shall  be  required  to 
answer  touching  his  qualifications;  and  if  he  was  not  a 
qualified  elector  he  shall  be  required  to  answer  for  whom 
he  did  vote,  and  such  admission  shall  not  be  used  against 
him  in  any  prosecution  for  illegal  voting.  (E.  S.  1908  and 
1914,  §7016;  R.  S.  1901,  §6320;  R.  S.  1897,  §6622;  R.  S.  1894, 
§6320;  R.  S.  1881,  §4764.) 

212.  Fees  and  Costs. 

88.  The  Sheriff,  Auditor,  Clerk  and  Justices  of  the 
Peace,  for  services  rendered  by  them  in  case  of  contested 
elections  shall  receive  from  the  party  at  whose  instance 
such  services  are  performed,  the  fees  usually  allowed  for 
similar  services  in  other  cases;  which  fees  shall  be  taxed 
as  costs  against  the  losing  party,  and  collected  as  other 
costs  are  taxed  and  collected.  (R.  S.  1908  and  1914,  §7017 ; 
R.  S.  1901,  §6321;  R.  S.  1897,  §6623;  R.  S.  1894,  §6321;  R.  S. 
1881,  §4765.) 

213.  Commissioner  to  Take  Testimony. 

89.  The  Court  trying  the  cause,  at  the  request  of  the 
contestor  and  contestee,  in  writing,  or  upon  the  application 
of  either  party,  supported  by  affidavit  showing  that  a  sav- 
ing of  expenses  to  the  parties,  the  convenience  of  the  wit- 
nesses, and  the  ends  of  justice  will  be  promoted  thereby, 
may  appoint  a  commissioner  to  take  the  testimony  of  wit- 
nesses, in  writing,  at  any  time  before  the  final  hearing  and 
shall  provide,  in  the  order  of  appointment,  that  each  party 
shall  give  reasonable  notice  to  the  other  of  the  time  and 
place  of  such  taking.  Such  commissioner  shall  have  power 
to  subpoena  and  compel  the  attendance  of  witnesses  resid- 
ing in  the  county ;  and  it  shall  be  his  duty  to  take  down,  in 
writing,  all  the  testimony  offered  by  the  parties,  and  to  note 
all  objections  to  the  testimony;  and  he  shall  report  the 
same  to  the  Court  trying  the  cause  within  the  time  limited 
by  the  order  appointing  him.  (R.  S.  1908  and  1914,  §7018; 
R.  S.  1901,  §6322;  R.  S.  1897,  §6624;  R.  S.  1894,  §6322;  R.  S. 
1881,  §4766.) 

214.  Contest  for  Municipal  Office. 

90.  All  contests  for  municipal   offices   shall  be  tried 


CONCERNING    ELECTIONS.  191 

before  the  Circuit  Court  of  the  proper  county  in  the  manner 
provided  by  law  for  the  contest  of  county  and  township 
offices.  The  Clerk  of  the  Circuit  Court  shall  be  the  person 
with  whom  the  notice  of  the  contest  shall  be  filed,  and  he 
shall  perform  all  the  duties  required  to  be  performed  by 
him  and  the  Auditor  in  other  cases,  and  the  contest  shall 
be  set  down  for  trial  at  the  next  term  of  such  Circuit  Court. 
(E.  S.  1908  and  1914,  §7019;  R  S.  1901,  §6323;  R.  S.  1897, 
§6625;  E.  S.  1894,  §6323;  E.  S.  1881,  §4767.) 

215.  Appeal  to  Supreme  Court. 

91.  In  all  cases  of  contested  elections  where  an  appeal 
has  been  taken  from  the  Board  of  County  Commissioners 
to  the  Circuit  Court,  either  party  feeling  aggrieved  by  the 
judgment  of  said  Court  may  appeal  therefrom  to  the  Su- 
preme Court,  as  in  other  civil  cases.  The  appeal  bond  in 
such  cases  shall  be  in  a  penalty  sufficient  to  secure  any  dam- 
age which  may  accrue  by  a  stay  of  proceedings  upon  the 
judgment.  And  whenever,  by  reason  of  such  appeal,  a 
party  may  be  excluded  from  the  office  to  which  he  may  be 
entitled,  pending  such  appeal,  the  principal  and  sureties 
in  said  bond  shall  be  liable  thereon  for  the  amount  of  the 
emoluments  of  the  office  to  the  party  deprived  thereof. 
(E.  S.  1908  and  1914,  §7020;  E.  S.  1901,  §6324;  E.  S.  1897, 
§6626;  E.  S.  1894,  §6324;  E.  S.  1881,  §4768.) 

( See  Corrupt  Practices  Act  for  sections  referring  to  contest,  page  163. ) 
ARTICLE  6— CORRUPT  PRACTICES  ACT. 

SBC.  SEC. 

216.  Elections — Corrupt    practices — ^Application        230.    Costs — Witnesses    and    Document. 

of  Act.  231.    Proc5ecu ting  attorney's  duties. 

217.  Elections — Corrupt   practices — Terms    De-        232.    Federal  act  defining  political  committee. 

fined — Treasurer  or  Agent.  233.    Chairman  and  Treasurer — Duty  of  Treas- 

218.  Political    Committee    Trea.surer — Bond —  urer. 

Penalty.  234.     Disbursements  in  excess  of  $10 — Require- 

219.  Soliciting    Contributions — Voluntary    Con-  mients. 

tributions.  235.  Accounts  of  contributions. 

220.  Payment  of  Election  expenses.  236.  Publicity  of  campaign  contributions. 

221.  Legitimate  expenses — Penalty.  237.  What  public  statements  must  show. 

222.  Treasurer  or  Agent's  Report — Penalty.  238.  Persons  expending  over  $50  to  influence  the 

223.  Candidate's  itemized  statement — Penalty.  election    of    a    Congressman    must    file 

224.  False  statement — Perjury.  statements. 

225.  Statements  become  public  record.  239.  "Candidate"    defined — Duties    of    Candi- 

226.  Corrupt  practices— Guilt  defined — Penalty.  dates  for  Congress. 

227.  Contributions  by  corporations   unlawful —  240.  Candidates    for    Congress    may    pall    all 

Penalty.  necessary  personal  expenses  out  of  own 

228.  Federal  laws  prohibiting  contributions  by  private  funds. 

corporations.  241.    Candidates  may  pay  proper  legal  expenses. 

229.  Contest  complaint — Petition — Proceedings.        242.    Penalties  for  violation  of  acts. 

(Acts  1911,  page  288.    Approved  March  3,  1911.    In  force  March  3,  1911.) 

216.  Elections — Corrupt  Practices — Application  of  Act. 

1.  That  the  provisions  of  this  act  shall  apply  to 
the  election  of  all  officers  for  whom  ballots  shall  be  cast 


192  GENERAL    LAWS 


I 


pursuant  to  the  provisions  of  the  laws  relating  to  elections, 
to  the  election  of  all  officers  to  be  voted  for  by  the  Gen- 
eral Assembly,  by  the  Common  Council  of  any  city  or  the 
Board  of  Trustees  of  any  incorporated  town,  to  the  elec- 
tion of  County  Superintendents,  to  all  caucuses  and  pri- 
mary elections  preliminary  to  any  such  other  elections,  and 
to  all  candidates  to  be  voted  for  at  such  elections,  caucuses 
and  primary  elections.  The  term  *^  caucus  and  primary 
elections''  shall  include:  (a)  all  meetings  and  elections 
held  to  nominate  a  candidate  for  office  or  to  elect  delegates 
to  a  nominating  convention;  (b)  nominating  conventions 
of  such  delegates,  and  (c)  caucuses  of  members  of  the 
General  Assembly,  of  the  Common  Council  of  any  city,  and 
of  the  Board  of  Trustees  of  any  incorporated  town.  (R.  S. 
1914,  Sec.  7111a.)  «- 

217.    Elections — Corrupt  Practices — Terms  Defined — Treas- 
urer or  Agent. 

Section  2.  The  term  'Apolitical  committee''  as  used  in 
this  act  shall  include  every  committee  or  combination  of 
two  or  more  persons  to  aid  or  promote  the  success  or  defeat 
of  any  political  party  or  principle  in  any  election,  or  of  any 
proposition  submitted  to  vote  at  a  public  election,  or  to  aid 
or  take  part  in  the  nomination  or  election  of  any  candidate 
for  public  office.  The  term  ** treasurer"  shall  include  all 
persons  appointed  by  any  political  committee  to  collect, 
keep,  receive  or  disburse  moneys  or  any  other  thing  of  value 
to  aid  or  promote  the  success  or  defeat  of  any  such  party, 
principle  or  candidate.  The  term  '* political  agent"  shall 
include  all  persons  appointed  by  any  candidate  before  any 
election  or  primary  election  to  assist  him  in  his  candidacy, 
or  to  collect,  keep,  receive  or  disburse  moneys  or  any  other 
thing  of  value  to  aid  or  promote  the  success  of  such  candi- 
date. No  person  shall  act  as  any  such  treasurer  or  political 
agent  until  he  has  been  appointed  in  writing,  which  written 
appointment  shall  be  signed  by  the  chairman  of  the  political 
committee  or  candidate  appointing  such  treasurer  or  politi- 
cal agent  and  until  such  written  appointment  has  been  filed 
with  the  clerk  of  the  circuit  court  of  the  county  within  which 
such  treasurer  or  political  agent  resides  except  in  the  case 
of  the  treasurer  of  the  state  central  committee  of  any  party, 


CONCERNING    ELECTIONS.  ±d6 

when  such  written  appointment  shall  be  filed  in  the  office  of 
the  secretary  of  state,  and  until  such  treasurer  has  given 
bond  as  required  by  section  3  of  this  act.  Every  such 
written  appointment  shall  designate  the  particular  period, 
election  or  primary  election  within  which  such  treasurership 
or  political  agency  shall  continue.  Nothing  in  this  act  shall 
prevent"  a  treasurer  or  the  political  agent  of  any  candidate 
from  being  the  treasurer  of  another  political  committee  or 
the  political  agent  of  any  other  candidate.  Any  candidate 
may,  without  appointing  a  political  agent,  make  such  dis- 
bursements as  political  agents  may  make  under  the  provi- 
sions of  this  act ;  and  in  such  case  such  candidate  shall  not 
be  required  to  file  a  written  appointment,  give  bond  or  make 
a  report  as  a  political  agent,  but  shall  include  in  the  state- 
ment required  to  be  filed  by  him  as  a  candidate,  under  the 
provisions  of  section  eight  (8)  of  this  act,  a  full,  true  and 
detailed  account  and  statement  of  the  matters  and  facts  re- 
quired to  be  reported  by  political  agents  under  the  provi- 
sions of  section  seven  (7)  of  this  act.  No  person  shall  be 
appointed  or  act  as  treasurer  or  political  agent  in  any  elect- 
tion  or  primary  election  who  is  not  a  citizen  and  resident  of 
the  State  of  Indiana,  and  no  person  shall  be  appointed  or 
act  as  any  such  treasurer  or  political  agent  who  is  the  chair- 
man of  any  political  committee.  Any  political  committee 
shall  have  the  power  and  right  to  remove,  without  assigning 
any  cause  therefor,  any  person  appointed  by  such  committee 
as  treasurer  and  to  appoint  the  successor  of  such  removed 
treasurer.  Upon  such  removal  said  treasurer  shall  immedi- 
ately account  for  and  turn  over  to  his  successor  in  office 
the  moneys  then  in  his  possession  as  such  treasurer  and 
shall  within  twenty  days  after  such  removal  file  a  full,  true 
and  detailed  account  and  statement  of  his  receipts  and  ex- 
penditures with  the  clerk  of  the  circuit  court  in  the  county 
in  which  he  resides  in  accordance  with  the  provisions  of 
section  7  of  this  act.  Any  candidate  shall  have  the  power 
and  right  to  remove,  without  assigning  any  cause  therefor, 
any  person  appointed  by  him  as  a  political  agent  and  to 
appoint  the  successor  of  such  removed  political  agent.  Up- 
on such  removal,  said  political  agent  shall  immediately 
account  for  and  turn  over  to  the  candidate  appointing  him 
the  moneys  then  in  his  possession  as  such  political  agent 
and  shall  within  twenty  days  after  such  removal  file  a  full, 
la— 1779 


194  GENERAL    LAWS 

true  and  detailed  account  and  statement  of  his  receipts  and 
expenditures  with  the  clerk  of  the  circuit  court  in  the  county 
in  which  he  resides  in  accordance  with  the  provisions  of 
section  7  of  this  act.  (As  amended,  Acts  1913,  p.  489.  E. 
S.  1914,  Sec.  7111b.) 

218.    Political  Committee  Treasurer — Bond — Penalty. 

Section  3.  Every  political  committee  shall  appoint  and 
constantly  maintain  a  treasurer  to  collect,  receive,  keep  and 
disburse  all  sums  of  money  or  other  valuable  things  whicli 
may  be  collected,  received  or  disbursed  by  such  committee 
or  any  of  its  members  for  any  purposes  mentioned  in  section 
1  of  this  act  or  for  which  such  committee  exists  or  acts, 
and  unless  such  treasurer  is  first  so  appointed  and  main- 
tained it  shall  be  unlawful  and  a  violation  of  this  act  for  a 
political  committee  or  any  of  its  members  to  collect,  receive, 
keep  or  disburse  money  or  other  valuable  things  for  any 
such  purposes.  The  treasurer  appointed  under  this  act  by 
the  state,  district,  county  or  city  central  committee  of  any 
political  party,  before  proceeding  to  act  as  such  treasurer, 
shall  execute  a  bond  payable  to  the  State  of  Indiana  in  such 
penalty  as  the  committee  by  whom  he  shall  be  appointed 
shall  prescribe,  except  that  in  no  event  shall  the  minimum 
penalty  of  such  bond  for  the  treasurer  of  a  state,  county 
or  city  central  committee  be  less  than  five  hundred  dollars, 
and  with  surety  or  sureties  to  the  approval  of  such  commit- 
tee, which  bond  shall  be  'Conditioned  for  the  faithful  per- 
formance by  such  treasurer  of  the  duties  of  his  office  with- 
out loss  or  detriment  to  any  person  interested  in  the  per- 
formance of  such  duties  and  the  payment  by  such  treasurer 
of  all  sums  of  money  in  his  hands  to  his  successor  as  sucli 
treasurer  upon  which  bond  an  action  may  be  maintained  in 
the  name  of  the  State  of  Indiana  for  the  use  of  any  persons 
interested  in  the  faithful  performance  of  his  said  duUes  as 
such  treasurer  and  injured  by  a  breach  of  the  condition  of 
said  bond,  or  in  the  event  of  the  failure  of  such  treasurer  to^ 
account  to  his  successor  in  office  the  action  may  be  main-lB 
tained  in  the  name  of  the  State  of  Indiana  for  the  use  of  such 
successor  in  office.  Said  bond  shall  be  filed  in  the  office  of, 
clerk  of  the  circuit  court  in  the  county  where  such  treasure] 
resides  at  the  time  of  his  appointment  except  in  the  case  oi 


CONCERNING    ELECTIONS. 


195 


the  treasurer  of  the  state  central  committee,  whose  bond 
shall  be  filed  in  the  office  of  the  secretary  of  state  of  the 
State  of  Indiana.  The  premium  required  to  be  paid  for 
such  bond,  if  any,  may  be  paid  by  such  treasurer  out  of  the 
funds  that  shall  come  into  his  hand  as  such  treasurer  and 
shall  be  allowed  to  him  as  a  credit  in  the  settlement  of  his 
accounts.  All  moneys  or  other  valuable  things  collected, 
received  or  disbursed  by  any  political  committee  or  by  any 
member  or  members  thereof  for  any  political  purpose  shall 
be  paid  over  to  and  made  to  pass  through  the  hands  of  the 
treasurer  of  such  committee  and  shall  be  disbursed  by  him 
and  not  otherwise :  Provided,  however,  That  such  disburse- 
ment may  be  made  by  a  voucher  drawn  by  the  chairman  of 
such  political  committee  on  the  treasurer  and  presented  to 
such  treasurer  for  payment,  which  voucher  shall  show  the 
specific  purpose  for  which  said  money  is  being  expended. 
And  it  shall  be  unlawful  and  a  violation  of  this  act  for  any 
political  committee  or  for  any  member  or  members  thereof 
to  disburse  or  expend  money  or  any  other  valuable  thing 
for  any  political  purpose  until  the  money  or  other  valuable 
thing  so  disbursed  or  expended  shall  have  passed  through 
the  hands  of  the  treasurer  of  said  committee,  and  any  per- 
son other  than  a  member  of  such  political  committee  or 
other  than  the  political  agent  hereinbefore  defined,  who 
shall  engage  in  receiving  or  disbursing  money  for  any  poli- 
tical purpose  shall  be  deemed  a  treasurer  of  a  political  com- 
mittee within  the  meaning  of  this  act,  and  shall  be  subject  to 
all  the  requirements,  obligations  and  penalties  hereby  pro- 
vided for  in  the  case  of  such  treasurer :  Provided,  however. 
That  the  treasurer  appointed  under  this  act  by  the  state, 
district,  county  or  city  central  committee  of  any  political 
party  may  appoint  one  subtreasurer  for  each  voting  pre- 
cinct in  said  state,  county  or  city,  as  the  place  may  be  or 
may  appoint  a  substreasurer  for  several  voting  precincts 
within  his  jurisdiction,  which  subtreasurer  is  authorized  to 
collect  money  for  the  treasurer  by  whom  he  is  appointed 
and  to  turn  said  money  over  to  such  treasurer  without  dim- 
inution or  to  expend  such  money  as  may  be  placed  in  his 
hands  by  the  treasurer  appointing  him  for  such  purpose  as 
are  lawful  under  the  provisions  of  this  act  and  for  no  other 
purpose,  or  such  subtreasurer  may  be  appointed  both  for 
the  purpose  of  collecting  and  expending  money;  it  shall  be 


196  GENERAL   LAWS 

the  duty  of  every  subtreasurer  within  twenty  days  after 
every  election  or  primary  election  to  make  a  report  in  writ- 
ing under  oath  to  the  clerk  of  the  circuit  court  of  the  county 
in  which  such  subtreasurer  resides,  stating  in  detail  the 
amount  of  money  collected  by  him  and  from  whom  and  when 
collected,  or  the  amount  of  money  placed  in  his  hands  by 
said  treasurer  and  for  what  purpose  the  said  money  was  ex- 
pended by  him  and  to  whom  paid,  or  both  if  such  subtreas- 
urer has  both  collected  and  disbursed  money  or  other  things 
of  value,  and  each  subtreasurer  shall  file  vouchers  for  all 
money  expended  by  him,  which  vouchers  shall  state  the  pur- 
pose for  which  said  sums  are  expended ;  but  in  no  event  shall 
a  subtreasurer  who  is  appointed  to  collect  money,  expend 
or  disburse  any  money  so  collected  by  him,  but  he  shall  in 
every  case  deliver  the  same  and  every  part  thereof  without 
diminution  to  the  treasurer  appointing  him,  and  any  money 
which  such  subtreasurer  expends  must  be  money  placed  in 
his  hands  by  the  treasurer  appointing  him.  Such  subtreas- 
urers  shall  not  be  required  to  give  bond,  but  shall,  before 
serving  as  such,  receive  from  the  treasurer  appointing  them 
an  appointment  in  writing  stating  for  what  purpose  such 
subtreasurer  is  appointed,  the  name  of  such  subtreasurer, 
the  territory  in  which  he  shall  act,  and  the  time  for  which 
he  is  appointed.  Every  treasurer  appointing  a  subtreas- 
urer shall  be  liable  on  his  official  bond  for  any  dereliction  in 
duty  or  misappropriation  or  unauthorized  expenditure  of 
funds  by  any  subtreasurer  so  appointed  by  him.  Any  mem- 
ber of  a  political  committee  which  has  appointed  and  main- 
tains a  treasurer  in  accordance  with  the  provisions  of  this 
act  may  solicit  or  receive  contributions  for  political  pur- 
poses provided  that  the  same  are  immediately  turned  over 
without  diminution  to  such  treasurer  of  said  committee  and 
by  such  treasurer  disbursed  and  accounted  for  as  provided 
by  this  act,  and  when  money  is  so  received  the  treasurer  in 
his  account  and  statement  in  addition  to  the  requirements 
of  section  seven  (7)  of  this  act,  shall  show  through  what 
member  of  such  committee  said  sum  or  sums  were  received. 
Any  person  or  persons  violating  or  failing  to  comply  with 
any  of  the  provisions  of  this  section  or  the  preceding  sec- 
tion of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  less  than  three  hundred 
dollars,  nor  more  than  one  thousand  dollars,  or  imprisoned 


CONCEENING   ELECTIONS.  197 

in  the  county  jail  for  not  more  than  one  year,  or  both  fined 
and  imprisoned  in  the  discretion  of  the  court  or  jury  trying 
said  cause.  (As  amended,  Acts  1913,  p.  489.  R.  S.  1914, 
Sec.  7111c.) 

219.    Soliciting  Contributions — Voluntary  Contributions. 

Section  4.  It  shall  be  unlawful  for  any  political  com- 
mittee or  officer  thereof  to  solicit  any  contribution,  payment 
or  favor  from  any  candidates  for  any  office  or  from  any  per- 
son desiring  to  become  a  candidate:  Provided^  however, 
That  any  such  political  committee  may  assess  against  and 
collect  from  the  candidate  before  any  primary  election,  con- 
vention or  mass  convention  not  held  pursuant  to  the  laws  of 
this  state,  the  necessary  costs  and  expenses  of  holding  such 
primary,  convention  or  mass  convention.  And  it  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  solicit  from 
any  political  committee  or  member  thereof  or  any  treasurer, 
subtreasurer,  or  political  agent  or  candidate  any  contribu- 
tion or  donation,  or  to  solicit  advertising  or  money  or  things 
of  value  for  advertising  purposes  from  any  such  political 
committee  or  member  thereof^  treasurer,  subtreasurer,  poli- 
tical agent  or  candidate.  Any  person  nominated  as  a  can- 
didate for  public  office  or  a  candidate  for  such  nomination, 
except  as  hereinafter  provided,  may  make  a  voluntary  pay- 
ment of  money  to  any  treasurer  or  political  agent,  for  any 
of  the  purposes  permitted  by  this  act :  Provided,  however, 
That  no  person,  other  than  such  candidate  shall  to  aid  or 
promote  the  success  or  defeat  of  any  political  party  or 
principle  or  of  any  candidate  for  public  office,  or  of  any 
candidate  for  nomination  as  such,  within  six  months  prior 
to  any  such  election  make  a  contribution  of  money  or  prop- 
erty or  incur  any  liability  or  promise  any  valuable  thing 
to  any  person  other  than  to  a  treasurer,  subtreasurer  or 
political  agent.  No  contributions,  payments  or  favors  of 
any  land  shall  be  made,  extended  by  or  solicited  from  any 
private  corporation  to  promote  the  success  or  defeat  of  any 
candidate  for  public  office  or  of  any  political  party  or  prin- 
ciple or  for  any  other  political  purpose  whatever.  Nothing 
contained  in  this  act  shall  limit  or  affect  the  right  of  any 
person  to  expend  money  for  proper  legal  expenses  in  main- 
taining or  contesting  the  result  of  any  election.     It  shall  be 


198 


GENERAL    LAWS 


lawful  for  the  state,  district,  county,  township,  or  city  cen 
tral  committee  of  any  party  to  receive  contributions  from 
the  national  committee  or  the  national  congressional  com- 
mittee of  any  such  political  party  to  be  expended  for  pur- 
poses authorized  by  this  act.  It  shall  be  lawful  for  the  dis- 
trict committee  of  any  political  party  to  receive  contribu- 
tions from  the  state  central  committee  of  such  party,  for  the 
county  committee  of  any  party  to  receive  contributions  from 
either  the  district  or  state  central  committee  of  such  party, 
for  the  township  committee  to  receive  contributions  from 
either  the  state,  district  or  county  committee  of  such  party, 
and  for  the  city  central  committee  of  any  political  party  to 
receive  contributions  from  the  state,  district,  township  or 
county  central  committee  of  such  party,  all  of  said  contribu- 
tions to  be  expended  for  the  purposes  authorized  by  this  act. 
It  shall  be  lawful  for  the  national  committee  of  any  political 
party  to  receive  contributions  through  a  treasurer  or  agents 
appointed  by  such  national  committee  to  serve  within  the 
State  of  Indiana  and  such  treasurer  or  agents  so  appointed 
shall  not  be  required  to  file  any  bond ;  but  before  receiving, 
soliciting  or  collecting  any  money  or  things  of  value  within 
this  state,  such  treasurer  or  agent  shall  file  with  the  secre- 
tary of  state  of  the  State  of  Indiana  an  appointment  in  writ- 
ing signed  by  the  chairman  of  said  national  committee, 
stating  the  name  of  such  treasurer  or  agent,  the  territory 
within  which  he  shall  act  and  the  time  for  which  he  is  ap- 
pointed :  Provided,  That  such  treasurer  or  agent  shall  not 
receive  any  contribution  or  payment  of  any  kind  within  this 
State  for  said  national  committee  from  any  person  or  cor- 
poration who  is  prohibited  by  this  act  from  making  a  vol- 
untary contribution  to  a  political  committee  within  this 
state  and  such  treasurer  or  political  agent  shall  not  solicit 
money  or  other  valuable  thing  from  any  person  or  corpora- 
tion within  this  state  where  by  this  law  a  political  commit- 
tee, treasurer  or  political  agent  is  prohibited  from  soliciting 
from  such  person  or  corporation.  No  person  shall  be 
appointed  or  act  as  such  agent  or  treasurer  of  said  national 
committee  who  is  not  a  citizen  and  resident  of  the  State  of 
Indiana,  and  it  shall  be  lawful  for  the  treasurer  of  any  poli- 
tical committee  or  a  political  agent  to  act  as  such  agent  or 
treasurer  of  said  national  committee  provided  that  funds 
received  by  said  national  committee  are  separately  kept 


OONOBBNING    ELECTIONS.  199 

and  accounted  for.  Within  twenty  days  after  the  election 
or  primary  election  for  which  he  is  appointed,  every  such 
agent  or  treasurer  of  said  national  committee  collecting 
or  receiving  funds  within  this  state,  shall  file  a  full,  true  and 
detailed  account,  which  shall  be  subscribed  and  sworn  to  by 
him  before  some  officer  authorized  to  administer  oaths,  in 
the  office  of  the  secretary  of  state  of  the  State  of  Indiana, 
which  statement  shall  include  a  detailed  list  of  all  sums 
of  money  received  by  or  promised  to  such  agent  or  treas- 
urer the  name  of  the  person  from  whom  received  or  by 
whom  promised  and  the  amount  and  date  of  each  such 
promise  or  contribution.  Such  agent  or  treasurer  of  said 
national  committee  shall  not  expend  any  money  for  political 
purposes  within  this  state,  except  the  actual  expenses  of  col- 
lecting said  money,  but  if  any  of  the  money  so  collected  is 
disbursed  Avithin  this  state  for  political  purposes,  it  shall  be 
disbursed  through  the  treasurer  of  a  state,  district,  county 
or  city  central  committee,  who  has  been  appointed  and  filed 
a  bond  as  required  by  this  act;  and  all  sums  so  disbursed 
shall  be  accounted  for  in  the  account  and  statement  required 
to  be  filed  by  section  seven  (7)  of  this  act.  Any  person  vio- 
lating or  failing  to  comply  with  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor  and,  upon  convic- 
tion thereof,  shall  be  fined  not  less  than  three  hundred  dol- 
lars, nor  more  than  one  thousand  dollars,  or  imprisoned  in 
the  county  jail  for  not  more  than  one  year,  or  both  fined  and 
imprisoned  in  the  discretion  of  the  court  or  jury  trying  said 
cause.  (As  amended.  Acts  1913,  p.  489.  R.  S.  1914,  Sec. 
7111d.) 

220.    Payment  of  Election  Expenses. 

Section  5.  No  person  other  than  a  treasurer  or  political 
agent  shall  pay  any  of  the  expenses  of  any  election^  caucus 
or  primary  election,  except  that  a  candidate  may  pay  his 
own  expenses  for  postage,  telegrams,  telephoning,  station- 
ery, letters,  circular  letters,  printing,  expressage  and  travel- 
ing ;  but  the  provisions  of  this  section  shall  not  apply  to  non- 
partisan election  and  anti-election  expenses  paid  out  of  the 
public  moneys  of  the  state,  or  of  any  town,  city,  county  or 
other  municipality.  The  payments,  expenditures,  promises 
and  liabilities,  which  any  candidate  for  nomination  or  elec- 


200  GENERAL    LAWS 

tion,  or  both  may  make  or  incur  directly  or  indirectly  under 
this  or  the  preceding  section,  shall  not  exceed  in  the  whole 
twenty-five  dollars  for  each  thousand  (or  the  major  portion 
thereof)  up  to  fifty  thousand,  ten  dollars  for  each  thousand 
(or  the  major  portion  thereof)  in  excess  of  fifty  thousand 
and  up  to  one  hundred  thousand,  and  five  dollars  for  each 
thousand  (or  the  major  portion  thereof)  in  excess  of  one 
hundred  thousand  of  the  voters  qualified  to  vote  for  the 
office  in  question  at  the  next  preceding  election  therefor,  ex- 
cept that  such  candidate  may  expend  twenty-five  dollars  for 
said  purposes,  all  to  be  paid,  handled  and  disbursed  by  a 
treasurer  or  political  agent  and  not  otherwise ;  and  any  pay- 
ment, contribution,  expenditure  of,  or  promise  or  liability 
to  pay,  contribute  or  expend  any  money,  or  valuable  thing 
in  excess  of  said  sum  shall  be  unlawful :  Provided^  however, 
That  a  candidate  may  pay  personally,  in  addition  to  said 
sum  or  valuable  thing  or  things  amounting  thereto,  his  own 
expenses  for  postage,  letters,  circular  letters,  telegrams, 
telephoning,  stationery,  printing,  advertising,  publishing, 
expressage,  traveling  and  board  and  the  cost  of  any  primary 
convention  or  mass  convention,  not  held  pursuant  to  the  law 
of  this  state,  which  may  be  assessed  against  such  candidate 
by  the  political  committee  under  whose  direction  such  pri- 
mary, convention  or  mass  convention  is  held :  and,  Provided 
further.  That  nothing  in  this  act  shall  be  taken  or  con- 
strued to  prohibit  the  chairman  of  the  state  central  com- 
mittee of  the  state,  or  the  chairman  of  any  county,  city  or 
town  central  committee  of  any  political  party  from  soliciting 
contributions  for  campaign  purposes,  which  contributions, 
however,  shall  all  be  expended  in  accordance  with  and  sub- 
ject to  the  provisions  and  restrictions  of  this  act :  and.  Pro- 
vided, further,  That  such  contributions  shall  not  be  solicited 
from  any  candidate  for  office,  in  the  state  of  Indiana  or  any 
private  corporation.  (As  amended.  Acts  1913  p.  489.  E. 
S.  1914,  Sec.  7111e.) 

221.    Legitimate  Expenses — Penalty. 

Section  6.  It  shall  be  lawful  for  any  treasurer  or  po- 
litical agent  in  connection  with  any  election  or  primary  elec- 
tion, and  in  making  provisions  therefor  to  pay  the  following 
expenses ; 


I 


CONCERNING   ELECTIONS.  201 

(a)  The  necessary  cost  of  hiring  halls  and  music  for 
conventions,  public  meetings  and  public  primaries  and  for 
advertising  the  same,  and  decorating  said  halls ; 

(b)  Of  printing  and  circulating  political  articles,  cir- 
culars, circular  letters,  plate  and  electrotype  matter,  candi- 
dates'  cards,  pamphlets  and  books,  including  the  payment 
of  subscriptions  to  newspapers  or  periodicals  containing  po- 
litical articles  to  be  circulated  among  voters ; 

(c)  Of  printing  and  distributing  sample  or  specimen 
ballots  and  instructions  to  voters ; 

(d)  Of  renting  rooms  and  headquarters  to  be  used  by 
political  committees,  agents,  treasurers  or  subtreasurers 
and  of  paying  for  all  clerical  assistance  and  labor  employed 
therein ; 

(e)  Of  compensating  clerks,  stenographers,  typewrit- 
ers, and  other  assistants  employed  in  the  committee  rooms, 
or  on  the  business  of  the  committee  outside  of  said  com- 
mittee rooms,  and  also  of  challengers,  watchers  and  messen- 
gers employed  in  the  registration  rooms,  in  the  voting  rooms 
and  at  the  polls,  and  the  cost  and  expenses  of  any  primary, 
convention  or  mass  convention  not  held  pursuant  to  the  laws 
of  the  State  of  Indiana. 

(f )  The  traveling  and  other  legitimate  expenses  of  po- 
litical agents,  committees  and  public  speakers,  including 
reasonable  compensation  for  the  chairman  and  secretary  of 
the  state,  district,  county  or  city  central  committees,  but  no 
compensation  shall  be  paid  to  public  speakers,  political 
agents,  treasurers,  subtreasurers,  or  members  of  a  political 
committee  other  than  the  chairman  and  secretary  for  their 
services ;  providing  that  the  costs  of  treasurers '  bonds  may 
be  paid. 

(g)  Of  making  poll  books,  copies  of  registration  lists 
and  compiling  information  or  data  with  respect  to  the  quali- 
fications of  voters,  or  their  political  affiliations,  or  any  other 
information  of  a  political  character. 

(h)  Of  necessary  postage,  telegrams,  telephoning, 
printing  expenses  and  conveyance  charge  for  carrying  sick 
and  infirm  persons  to  and  from  the  polls  or  to  and  from  the 
places  of  registration; 


202  GBNEEAL   LAWS 

(i)  The  necessary  cost  of  equipping,  furnishing  and 
maintaining  committee  rooms  and  headquarters  and  places 
of  meeting  for  political  committees,  agents  and  treasurers, 
both  during  and  after  political  campaigns,  if  it  shall  be  de- 
sired to  maintain  permanent  headquarters. 

(j)  The  cost  and  expenses  of  messengers  sent  by  the 
direction  of  the  chairman  of  any  state,  district,  county, 
township  or  city  committee  of  any  political  party  in  connec- 
tion with  party  matters  or  interest,  and  also  the  cost  and 
expenses  of  any  person  or  persons  summoned  by  or  at  the 
instance  of  the  chairman  of  the  state  central  committee,  or 
of  the  county  central  committee,  or  of  the  district  commit- 
tee, or  of  the  township  committee,  or  of  the  city  central  com- 
mittee of  any  political  party  to  the  committee  headquarters 
or  offices  in  connection  with  party  matters  or  interests,  and 
also  for  the  accommodation  and  entertainment  of  all  such 
persons ; 

(k)  All  expenses  incurred  by  or  under  the  authority 
of  the  chairman  of  the  state,  district,  county,  township  or 
city  central  committee  of  any  political  party  in  providing 
accommodation  or  entertainment  for  members  of  said  re- 
spective committees  or  for  the  transportation  of  such  mem- 
bers, when  assembling  for  any  meeting  of  said  respective 
committees  or  visiting  the  headquarters  of  said  respective 
committees  in  connection  with  party  matters  or  interests. 

(1)  The  cost  and  expenses  of  political  parades,  meet- 
ings and  demonstrations,  including  the  equipment  and  com- 
pensation of  a  political  band  or  drum  corps,  but  not  includ- 
ing the  cost  or  expense  of  any  meat,  drink  or  entertainment 
of  any  person  except  as  hereinbefore  specified. 

(m)  The  cost  of  political  buttons,  lithographs,  banners 
and  other  political  advertising  matter. 

No  treasurer  or  political  agent  shall  incur  any  expense 
or  liability  or  make  any  payment  for  any  purpose  not  au- 
thorized by  this  section,  and  every  liability  incurred  or  pay- 
ment made  shall  be  made  at  a  rate  which  is  reasonably  and 
fairly  commensurate  with  the  service  rendered.  It  shall 
not  be  lawful  for  any  political  committee,  treasurer  or  poli- 
tical agent  to  expend  any  money  for  the  printing  or  publica- 
tion of  any  political  matters  whatsoever,  which  shall  not 
purport  on  its  face  to  be  printed  or  published  by  the  author- 
ity of  said  treasurer  or  political  agent,  and  which,  if  pub- 


CONCEKNING    ELECTIONS. 


203 


lished  in  any  newspaper  or  other  periodical,   shall  not  be 
marked  as  an  advertisement:     Provided,    however,    That 
when  newspapers  or  periodicals  containing  political  articles 
are  subscribed  and  paid  for  by  such  treasurer  or  political 
agent  and  sent  to  voters,  it  shall  not  be  necessary  to  mark 
the  same  or  any  part  thereof  as  an  advertisement  or  to 
stamp  or  place  on  such  newspaper  a  statement  that  they  are 
published  or  circulated  by  the  authority  of  said  treasurer  or 
political  agent,  if  the  only  payment  made  to  said  newspaper 
or  newspapers  is  for  the  papers  actually  delivered  and  at 
not  more  than  the  usual  rate  of  subscription.     Nothing  in 
this  act  shall  be  construed  to  prevent  any  newspaper  from 
publishing  any  political  information  as  news  although  such 
information  is  furnished  by  a  political  committee  or  some 
officer  thereof  either  in  manuscript  form  or  in  plates  or 
electrotypes,  and  in  such  case  it  shall  not  be  necessary  to 
mark  such  publication  as  an  advertisement,  provided,  such 
newspaper  or  the  owner  thereof  receives  no  compensation 
or  reward,  directly  or  indirectly,  for  such  publication,  and 
the  same  is  published  in  good  faith  as  a  matter  of  news.  Any 
person  who  is  entitled  to  contribute  money  or  things  of 
value  to  a  political  committee  for  political  purposes,  may 
contribute  to  such  committee,  books,  circulars  or  pamphlets 
containing  political  matter  and  such  committee  may  dis- 
tribute  the    same   to   voters  without  placing  a  statement 
thereon  that  such  books,  pamphets  or  circulars  are  circu- 
lated by  such  committee,  but  this  provision  shall  not  relieve 
the  committee  from  placing  a  statement  on  printed  matter 
which  it  prints  or  publishes  that  the  same  is  circulated  by 
its  authority.     And  every  treasurer,  subtreasurer  and  poli- 
tical agent  who  receives  any  such  book,  pamphlet  or  circular 
shall  include  in  the  report  and  statement  required  to  be  filed 
by  him  a  list  thereof  with  the  name  and  residence  of  the  per- 
son or  persons  donating  the  same.    The  treasurer  appointed 
and  acting  for  or  in  connection  with  the  state,  district,  coun- 
ty or  city  central  committee  of  any  political  party  shall  not 
expend  or  disburse  any  money  or  other  valuable  thing  or 
incur  any  liability  whatsoever  except  by  the  authority  and 
subject  to  the  direction  of  said  respective  committees  for  or 
in  connection  with  which  said  treasurer  may  be  appointed 
or  acting.     Every  person  expending  money  in  violation  of 
this  section  or  in  violation  of  section  4  or  section  5  of  this 


204  GENERAL    LAWS 

act  and  every  person  violating  or  failing  to  comply  with  any 
of  the  provisions  of  this  section  or  with  any  of  the  provi- 
sions of  section  4  or  section  5  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and,  npon  conviction  thereof,  shall  be  fined 
not  less  than  three  hundred  nor  more  than  one  thousand 
dollars  or  imprisonment  for  not  more  than  one  year  in  the 
county  jail,  or  both  fined  atid  imprisoned  in  the  discretion 
of  the  court  or  jury  trying  said  cause.  (As  amended.  Acts 
1913  p.  489.    E.  S.  1914,  Sec.  7111f.) 

222.    Treasurer  or  Agent's  Report — Penalty. 

7.  Within  twenty  days  after  every  election  or  primary 
election,  every  treasurer  and  every  political  agent  shall  file 
a  full,  true  and  detailed  account  and  statement,  subscribed 
and  sworn  to  by  him,  before  an  officer  authorized  to  admin- 
ister oaths  in  the  office  of  the  Clerk  of  the  Circuit  Court  of 
the  county  in  which  said  treasurer  or  political  agent  re- 
sides, which  statement  shall  include  the  amount  of  money 
or  property  in  each  case  received  or  promised,  the  name 
of  the  person  from  whom  it  was  received,  or  by  whom  it 
was  promised,  the  amount  of  every  expenditure  made  or 
promised,  or  valuable  thing  given  or  promised,  or  liability 
of  any  sort  incurred,  the  name  of  the  person  to  whom  such 
expenditure,  gift  or  promise  thereof  was  made,  or  to  whom 
such  liability  was  incurred,  and  shall  clearly  state  the  pur- 
pose for  which  such  money  or  property  was  so  expended, 
given  or  promised,  or  for  which  such  liability  was  incurred, 
separating  expenditures,  gifts,  and  liabilities  for  elections 
and  primary  elections.  Such  statement  shall  also  set  forth 
in  detail  all  unpaid  debts  and  obligations,  if  any,  of  such 
treasurer  or  political  agent,  with  the  nature  and  amount  of 
each,  for  what  purpose  incurred  and  to  whom  owing,  and 
if  there  are  no  unpaid  debts  or  obligations  of  such  treas- 
urer or  political  agent,  such  statement  shall  state  such  fact. 
Every  treasurer  and  every  political  agent  and  every  person 
who  shall  at  any  time  act  as  treasurer  or  political  agent, 
shall  keep  detailed,  full  and  accurate  accounts  in  a  proper 
book  or  books  called  *^ account  books,"  to  be  provided  and 
preserved  by  him,  of  all  money  or  valuable  things  received 
by  or  promised  to,  and  of  all  expenditures,  disbursements, 
and  promises  of  payment  or  disbursement  of  money  or  valu- 
able things  made  by  any  political  committee,  or  any  of  its 


I 


CONCERiaNG    ELECTIONS.  205 

officers  or  members,  or  by  any  person  acting  under  its  au- 
thority, or  on  its  behalf,  or  by  such  treasurer  or  political 
agent,  and  setting  forth  in  such  statement  and  accounts 
the  sum  or  valuable  things  so  received,  or  disbursed,  or 
promised,  as  the  case  may  be,  and  the  date  when,  the  per- 
son from  whom  received  or  promised,  or  to  whom  paid 
or  promised,  as  the  case  may  be,  and  the  object  and  pur- 
pose for  which  such  sum,  or  valuable  thing,  was  received 
or  disbursed,  or  promised,  as  the  case  may  be.  Every 
treasurer  and  every  political  agent,  as  defined  by  this  act, 
who  shall  fail  or  refuse  to  make  out,  verify  and  file  with  the 
Clerk  of  the  Circuit  Court  the  statement  required  by  this 
section  of  this  act,  or  who  shall  fail  to  provide,  keep  and 
preserve  the  book  or  books  of  account  and  the  entries  and 
statements  therein  as  aforesaid,  or  any  of  them,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  three  hundred  dollars  nor  more  than 
one  thousand  dollars,  to  which  imprisonment  in  the  county 
jail  may  be  added  not  to  exceed  one  year.  (E.  S.  1914,  Sec. 
7111g.) 

223.    Candidate's  Itemized  Statement — Penalty. 

Section  8.  Every  candidate  for  public  office,  including 
candidates  for  the  office  of  senator  of  the  United  States 
within  thirty  days  after  the  election  or  primary  election  held 
to  nominate  for  or  fill  such  office  or  place  shall  make  out 
and  file  with  the  clerk  of  the  circuit  court  for  the  county  in 
which  such  candidate  resides,  a  full,  true  and  itemized  state- 
ment in  writing,  which  statement  shall  be  subscribed  and 
sworn  to  by  such  candidates,  before  an  officer  authorized 
to  administer  oaths  setting  forth  in  detail  all  moneys  or 
other  valuable  things  contributed,  expended  or  promised  by 
him  to  aid  or  promote  his  candidacy,  or  in  any  way  in  con- 
nection with  his  nomination  or  election,  or  both  as  the  case 
may  be,  or  for  other  political  purposes  in  connection  with 
the  election  of  any  other  person  at  said  election,  and  all 
existing  unfulfilled  promises  or  liabilities  in  that  connection 
remaining  uncancelled  and  in  force  at  the  time  such  state- 
ment is  made,  whether  such  expenditures,  promises  or  lia- 
bilities were  made  or  incurred  before,  during  or  after  such 
election,  and  showing  the  dates  when,  the  person  to  whom, 
and  the  purpose  for  which  each  and  all  of  said  sums  or  valu- 


206  GENERAL    LAWS 

able  things  were  paid,  expended  or  promised  or  said  liabili- 
ties incurred.  Such  statement  shall  also  set  forth  that  the 
same  is  full,  true  and  correct.  No  person  shall  be  deemed 
elected  to  any  elective  office,  under  the  laws  of  this  state,  or 
enter  upon  the  duties  thereof,  or  receive  any  salary  or  emol- 
uments therefrom,  until  he  shall  have  filed  the  statement 
provided  for  in  this  section  of  this  act ;  and  no  officer  author- 
ized by  the  laws  of  this  state  to  issue  commissions  or  cer- 
tificates of  election  shall  issue  a  commission  or  certificate 
of  election  to  any  person  claiming  to  be  elected  to  any  office, 
until  such  statement  as  aforesaid  shall  have  been  so  made, 
verified  and  filed  by  such  person  with  such  clerk.  Upon  the 
filing  of  such  statement,  the  clerk  shall  issue  to  the  candi- 
date a  certificate  showing  the  filing  of  such  statement,  and 
the  date  of  such  filing,  which  certificates  shall  be  presented 
by  the  candidate  to  the  officer  authorized  to  issue  his  com- 
mission and  such  certificate  shall  be  the  only  evidence  of  the 
filing  of  such  statement  which  may  be  required  by  the  officer 
authorized  to  issue  such  commission.  Any  person  violat- 
ing or  failing  to  comply  with  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  not  less  than  three  hundred  dol- 
lars nor  more  than  two  thousand  dollars,  or  imprisoned  for 
not  more  than  one  year,  or  both  fined  and  imprisoned  in  the 
discretion  of  the  court  or  jury  trying  said  cause.  Ten  days 
after  the  period  above  fixed  for  the  filing  of  said  original 
statement  shall  have  expired,  the  officer  with  whom  the  same 
is,  by  this  section,  required  to  be  filed,  shall  notify  the  prop- 
er prosecuting  officer  of  any  failure  to  file  such  statement 
on  the  part  of  any  candidate,  and  within  fifteen  days  there- 
after such  prosecuting  officer  shall  proceed  to  prosecute  for 
such  ofPense.     (Acts  1913,  p.  489.     E.  S.  1914,  Sec.  7111h.) 


224.    False  Statement — Perjury. 

9.  Any  wilfully  false  statement  of  entry  made  by  any 
candidate  for  any  office,  treasurer,  political  agent  or  any 
person  acting  as  treasurer  or  political  agent,  or  by  any 
member  or  officer  of  any  political  committee,  in  any  state- 
ment or  account  under  oath  required  by  this  act,  shall  con- 
stitute the  crime  of  perjury,  and  be  punished  as  such  accord 
ing  to  the  laws  of  this  State.     (E.  S.  1914,  Sec.  7111i.) 


CONCERNING    ELECTIONS.  207 

225.  statements  Become  Public  Records. 

10.  Every  officer  with  whom  a  statement  or  accounts 
or  duplicates  thereof  are  required  by  any  section  of  this 
act,  to  be  filed,  shall  receive  and  file  and  preserve  such 
statement  or  accounts  or  duplicate  thereof,  in  his  office  and 
shall  keep  the  same  as  part  of  the  records  thereof  for  at 
l^ast  three  years  after  they  are  filed.  And  all  such  state- 
ments aiid  accounts  shall,  during  the  hours  for  which  the 
office  in  which  they  may  be  filed  is  open,  be  subject  and  open 
to  the  inspection  of  any  citizen  of  this  State,  and  copies  of 
such  statement  or  accounts,  certified  by  the  officer  in  whose 
office  they  may  be  so  kept,  under  the  seal  of  his  office,  shall 
be  evidence  in  all  the  courts  to  the  same  extent  as  the  orig- 
inal thereof  would  be  if  produced  and  proved.  (R.  S.  1914, 
Sec.  7111J.) 

226.  Corrupt  Practices — Guilt  Defined — Penalty. 

Section  11.  The  following  persons  shall  be  guilty  of 
corrupt  practices  and  shall  be  punished  in  accordance  with 
the  provisions  of  this  act :  Every  person  who  shall,  directly 
or  indirectly,  by  himself  or  another,  give,  or  offer  or  prom- 
ise to  any  person  any  money,  gift,  advantage,  preferment, 
entertainment,  aid,  emoluments,  or  any  valuable  thing  what- 
ever, for  the  purpose  of  inducing  or  procuring  any  person 
to  vote,  or  refrain  from  voting,  for  or  against  any  person, 
or  for  or  against  any  measure  or  proposition  at  any  election 
or  primary  election  or  political  convention  or  session  of  the 
general  assembly  of  the  State  of  Indiana,  in  either  house 
thereof.  Every  person  who  shall,  directly  or  indirectly 
receive,  accept,  request  or  solicit  from  any  person,  candi- 
date, committee,  association,  organization,  or  corporation, 
any  money,  gift,  advantage,  preferment,  aid,  emolument,  or 
any  valuable  thing  whatsoever,  for  the  purpose  of  inducing 
or  procuring  any  person  to  vote,  or  refrain  from  voting,  for 
or  against  any  person,  or  for  or  against  any  measure  or 
proposition  at  any  election  or  primary  election  or  political 
convention.  Every  person  who,  in  consideration  of  any 
money,  gift,  advantage,  preferment,  aid,  emolument,  or  any 
valuable  thing  whatsoever,  paid,  received,  accepted,  or 
promised  to  the  advantage  of  himself  or  any  other  person, 
shall  vote,  or  refrain  from  voting  for  or  against  any  person, 
or  for  or  against  any  measure"  at  any  such  election,  caucus 


208  GENEEAL   LAWS 

or  primary  election  or  political  convention.    Every  person 
who  shall,  directly  or  indirectly,  pay,  give,  contribute  or 
promise  any  money  or  other  valuable  thing,  to  defray  or 
towards  defraying  the  costs  or  expenses  of  any  campaign  or 
election,  to  any  persons,  committee,  company,  club,  organi- 
zation or  association,  other  than  a  treasurer   or   political 
agent ;  but  this  sub-section  or  paragraph  shall  not  apply  to 
dues,  regularly  paid  for  membership  in  any  incorporated 
political  club  if  all  money  expended  by  such  club  for  or  in 
connection  with  the  costs  of  expenses  of  any  campaign  or 
election  shall  be  paid  out  by  it  only  through  a  treasurer  or 
political  agent  as  provided  in  this  act,  or  to  any  expenses 
for  postage,  telegrams,  telephoning,  stationery,  printing,  ex- 
pressage  or  traveling,  and  board  incurred  by  any  candidate 
for  office  or  for  nomination  thereto,  so  far  as  they  are  per- 
mitted by  this  act.     Every  person  who  shall,  directly  or  in- 
directly, by  himself  or  through  another  person,  make  a  pay- 
ment, or  promise  of  payment,  to  a  treasurer  or  political 
agent  in  any  other  name  than  his  own,  and  every  treasurer 
or  political  agent  who  shall,  knowingly,  receive  a  payment, 
or  promise  of  payment,  and  enter  the  same  or  cause  the 
same  to  be  entered  in  his  accounts  in  any  other  name  than 
that  of  the  person  by  whom  such  payment  or  promise  of 
payment  is  made.    Every  person  who  being  an  employer, 
pays  his  employes  the  salary  or  wages  due  in  *^pay  envel^ 
opes''  upon  which  there  is  printed  or  in  which  there  is  en^ 
closed  any  political  motto,  device  or  argument  containing 
threats,  express  or  implied,  intended  or  calculated  to  in-j 
fluence  the  political  opinions  or  actions  of  such  employes,  oi 
within  ninty  [ninety]  days  of  an  election  or  primary  ele( 
tion  puts,  or  otherwise  exhibits  in  the  establishment  or  plac( 
where  his  employes  are  engaged  in  labor,  any  handbill  oi 
placard  containing  any  threat,  notice  or  information  that 
if  any  particular  ticket  or  candidate  is  elected  or  defeate( 
work  in  his  place,  or  establishment,  will  cease,  in  whole  oi 
in  part,  his  establishment  be  closed  up,  or  the  wages  of  his 
employes  reduced,  or  other  threats,  express  or  implied,  in^ 
tended  or  calculated  to  inflame  the  political  opinions  or  ac 
tions  of  his  employes.    Every  person  who,  before,  during  o] 
after  an  election  or  primary  election  by  himself,  or  by  an^ 
other  person,  either  directly  or  indirectly,  gives  or  provides," 
or  pays  wholly  or  in  part,  the  expenses  of  giving  or  provid- 


CONCERNING    ELECTIONS. 


209 


ing  any  meat,  drink,  entertainment  or  provisions  to  or  for 
any  person  for  the  purpose  of  influencing  that  person,  or 
any  other  person,  to  give  or  refrain  from  giving  his  vote  at 
the  election  or  primary  election  or  to  influence  his  vote  in 
any  other  way  therein,  or  on  account  of  his  having  voted, 
or  refrained  from  voting,  or  being  about  to  vote  or  refrain 
from  voting ;  and  every  elector  who  accepts  the  same,  or  any 
of  the  same,  for  any  of  the  purposes  aforesaid.  Every  per- 
son who,  at  any  election  held  pursuant  to  the  laws  of  this 
state,  applies  for  a  ballot  paper  in  any  election  room  or 
polling  place  in  the  name  of  any  other  person  than  himself 
whether  that  name  be  that  of  a  person  living  or  dead  or  of  a 
fictitious  person,  or  who,  having  voted  once  at  any  election, 
applies  for  a  ballot  paper  at  the  same  election  in  his  own 
name,  or  any  other  name,  or  who  aids,  abets,  counsels,  or 
procures  the  commission  of  any  such  act  or  acts.  Every  per- 
son who  shall  falsely  compose,  dictate,  print,  write,  or  trans- 
mit by  any  means  whatever  to  any  publisher  of  any  news- 
paper, book  or  serial,  any  matter,  the  publication  of  which 
in  such  newspaper,  book  or  serial,  would  expose  any  person 
to  hatred,  contempt,  ridicule  or  obliquy,  or  which  would 
cause  or  tend  to  cause  any  person  to  be  shunned  or  avoided, 
or  which  would  have  a  tendency  to  injure  any  person  in  his 
business,  for  the  purpose  of  intimidating,  influencing,  in- 
ducing or  procuring  any  person  to  vote  or  refrain  from  vot- 
ing for  or  against  any  person,  or  for  or  against  any  measure 
or  proposition  at  any  election  or  primary  election,  or  poli- 
tical convention  or  session  of  the  general  assembly  of  the 
State  of  Indiana,  or  either  house  thereof.  Every  proprietor 
or  editor  of  a  book,  newspaper  or  serial,  and  every  partner, 
or  member  of  a  partnership,  or  manager  of  any  incorpo- 
rated association  by  which  a  book,  newspaper,  or  serial  is 
issued  or  published,  or  circulated,  who  shall  falsely  publish, 
or  cause  to  be  published  any  writing,  typewriting,  printing, 
picture,  effigy,  symbol,  sign,  cartoon,  or  which  exposes  any 
person  to  hatred,  contempt,  ridicule  or  obliquy,  or  which 
causes  or  tends  to  cause  any  person  to  be  shunned  or  avoided, 
or  which  has  a  tendency  to  injure  any  person  or  company 
in  his  or  its  business,  for  the  purpose  of  intimidating,  in- 
fluencing or  inducing,  or  procuring  any  person  to  vote  or 
refrain  from  voting  for  or  against  any  person,  or  for  or 

14—1779 


210  ge]!o:eal  laws 

against  any  measure  or  proposition  at  any  election,  or  pri- 
mary election,  or  political  convention  or  session  of  the  gen- 
eral assembly  of  the  State  of  Indiana,  or  either  house  there- 
of. Every  person"  w.ho  shall  be  guilty  of  any  corrupt  prac- 
tice as  aforesaid,  shall  be  fined  not  less  than  $300.00  nor 
more  than  $1,000.00  or  be  imprisoned  for  not  more  than 
one  year,  or  both,  and  shall  be  ineligible  to  any  public  office, 
or  public  employment,  for  the  period  of  four  years  from  and 
after  the  time  of  the  commission  of  such  offense.  (As 
amended.  Acts  1913,  p.  489.     E.  S.  1914,  Sec.  7111k.) 

227.    Contributions  by  Corporations  Unlawful — Penalty. 

12.  It  shall  be  unlawful  and  shall  be  deemed  a  corrupt 
practice  for  any  corporation  incorporated  under  the 
laws  of  the  State  of  Indiana,  or  of  any  State  or  Ter- 
ritory of  the  United  States,  of  the  District  of  Colum- 
bia, or  of  the  United  States,  or  of  any  other  country, 
directly  or  indirectly,  by  itself,  or  through  any  officer, 
agent  or  employe,  representative  or  other  person  what- 
soever, to  give,  contribute,  furnish,  lend  or  promise 
any  money,  property,  transportation,  means  or  aid  to 
any  political  party,  or  any  candidate  for  public  office 
or  for  nomination  thereto,  or  to  any  public  organization,  or 
to  any  political  committee,  or  to  any  treasurer  or  political 
agent,  as  herein  defined,  either  directly  or  indirectly,  to  aid, 
promote  or  influence  the  success  or  defeat  of  any  political 
party  or  principle,  or  any  measure  or  proposition  submitted 
to  a  vote  at  a  public  election  or  primary  election  in  this 
State,  or  to  aid,  promote  or  influence  in  any  manner  the 
election  or  defeat  of  a  candidate  therein,  or  to  be  used,  ap- 
plied or  expended  in  any  way  whatever  for  political  pur- 
poses. The  president,  the  several  directors  and  every  other 
officer  of  any  corporation  which  shall  violate  any  of  the  pro- 
visions of  this  section,  and  the  president  or  director,  or 
other  officer,  or  agent  of  any  corporation,  who  shall  person- 
ally violate  any  of  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by 
a  fine  of  not  more  than  five  thousand  dollars  for  each 
offense,  and  imprisoned  for  not  more  than  one  year  in  jail. 
R.  S.  1914,  Sec.  71111.) 


CONCERNING    ELECTIONS.  211 

An  Act  To  prohibit  corporations  from  making  money  contributions  in 
connection  witli  political  elections. 

228. 

Be  ii  enacted  hy  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assem- 
bled, That  it  shal}  be  unlawful  for  any  national  banl^,  or  any 
corporate  >  a  organized  by  authority  of  any  laws  of  Congress, 
to  make  a  tnoney  contribution  in  connection  with  any  elec- 
tion to  any  political  office.  It  shall  also  be  unlawful  for  any 
corporation  whatever  to  make  a  money  contribution  in  con- 
nection with  any  election  at  which  Presidential  and  Vice- 
Presidential  electors  or  a  Representative  in  Congress  is  to 
be  voted  for  or  any  election  by  any  State  legislature  of  a 
United  States  Senator.  Every  corporation  which  shall 
make  any  contribution  in  violation  of  the  foregoing  provi- 
sions shall  be  subject  to  a  fine  not  exceeding  five  thousand 
dollars,  and  every  officer  or  director  of  any  corporation  who 
shall  consent  to  any  contribution  by  the  corporation  in  vio- 
lation of  the  foregoing  provisions  shaU  upon  conviction  be 
punished  by  a  fine  of  not  exceeding  one  thousand  and  not 
less  than  two  hundred  and  fifty  dollars,  or  by  imprisonment 
for  a  term  of  not  more  than  one  year,  or  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

(Approved,  January  26,  1907.  35  Stat.  L.  1103.  Fed. 
Stat.  Anno.  Supp.  1909,  p.  427.) 

229.    Contest  Complaint — Petition — Proceedings. 

13.  At  any  time  within  thirty  days  after  any  election  or 
primary  election,  held  under  the  laws  of  this  State,  any 
defeated  candidate  at  such  election,  or  any  ten  duly  quali- 
fied voters  at  such  election  may  present  to  the  Circuit  Court 
of  the  county  in  which  the  defeated  candidate  resides  or  to 
the  Circuit  Court  of  any  county  in  the  district  at  which  he 
was  voted  for  by  the  qualified  voters  of  the  district,  a  peti- 
tion setting  forth  under  oath  that  corrupt  practices,  con- 
trary to  the  provisions  of  any  section  of  this  act,  were  com 
mitted  at  or  preliminary  to  such  election,  within  the  county, 
district  or  city  aforesaid,  naming  the  successful  candidate 
or  candidates  as  defendant  or  defendants  and  praying  that 
the  facts  alleged  may  be  inquired  into.  If  the  court,  upon 
the  affidavit  or  affidavits  filed  with  such  petition,  or  upon 
and   after   such   preliminary  hearing,  as  it  may  see  fit  to 


212 


GENERAL    LAWS 


institute,  including  such  notice  and  representation  to  the 
party  or  parties  named  as  the  defendant  or  defendants  in 
said  petition,  as  the  ends  of  justice  may  require,  shall  be 
satisfied  that  the  purpose  of  this  act  and  the  interests  of 
public  justice  require  further  proceedings  upon  such  peti- 
tion, and  against  the  party  or  parties  named  as  defendant 
or  defendants  therein,  it  shall  order  such  reasonable  notice 
of  such  petition  or  of  such  further  proceedings  to  be  given 
the  defendant  or  defendants,  and  require  him  or  them  to 
answer,  show  cause  or  otherwise  defend  as  the  court  may 
deem  just  and  reasonable,  upon  the  petitioners  giving  secur- 
ity for  costs  in  such  sum  of  money  as  the  court  shall  deem 
reasonable.  Such  petitions  shall  be  tried  without  a  jury, 
unless  any  of  the  parties  thereto  shall  elect  to  have  the  same 
tried  by  a  jury.  The  case  shall,  if  possible,  be  tried  in  and 
during  the  term  in  which  such  petition  may  be  filed,  and 
when  a  jury  trial  is  demanded  by  any  of  the  parties  to  such 
petition,  the  jury  for  said  term  shall  try  it,  and  if  the  jury 
for  said  term  shall  have  been  dismissed,  the  court  shall  re- 
call said  jury  for  the  purpose  of  trying  said  case.  If  in  any 
case  it  shall  not  be  possible  to  try  such  case  during  the  term 
in  which  such  petition  shall  have  been  filed,  it  shall  be  tried 
during  the  next  succeeding  term  of  the  court.  In  every  case 
in  which  a  jury  trial  shall  be  demanded,  the  judge  shall 
frame  and  submit  to  the  jury  for  its  decision  and  verdict 
all  appropriate  and  necessary  issues  of  fact  presented  by 
the  pleadings  in  such  case  or  by  the  scope  of  the  inquiry  or 
inquiries  presented  by  said  case.  The  court  shall  bring 
such  cause  to  hearing,  determination  and  judgment  as 
speedily  as  a  just  regard  for  the  rights  of  the  parties  con- 
cerned may  permit;  and  shall  expeditiously  inquire  into, 
or,  when  a  jury  is  demanded,  cause  the  jury  to  inquire  into 
all  of  the  facts  and  circumstances  and  into  such  violations 
or  of  failure  to  comply  with  the  provisions  of  this  act,  as 
may  be  alleged  in  any  such  petition,  or  into  such  other  facts 
and  circumstances  relative  to  any  election  or  to  any  contri- 
butions, expenditures  or  liability  made,  or  any  corrupt  prac- 
tice committed  in  connection  therewith,  which  at  any  time 
the  court  holding  such  inquest  or  presiding  in  said  cause 
shall  deem  necessary  to  secure  compliance  with  the  provi- 
sions of  this  act,  or  to  punish  for  a  violation  thereof.  All 
persons  whom  the  court  shall  deem  proper  or  necessary  to 


CONCERNING    ELECTIONS. 


213 


join  or  bring  in  as  parties  to  any  such  proceeding  in  order 
to  make  its  order,  judgments  or  writs  effective,  may  be 
joined  as  parties  in  such  manner  and  upon  such  notice  as 
the  court  may  direct.  In  case  such  petition  relates  to  the 
election  of  electors  of  President  and  Vice-President  of  the 
United  States,  a  representative  in  Congress,  or  any  State 
officer  or  a  Senator  or  Representative  of  the  General  Assem- 
bly of  the  State  of  Indiana,  or  a  judge  of  the  Circuit  Court, 
Superior,  Criminal  or  Probate  Court,  or  a  Prosecuting  At- 
torney, the  trial  judge  shall  have  no  power  to  declare  any 
such  election  to  be  void,  but  shall  file  his  finding,  or,  in  a 
case  where  a  jury  shall  have  been  demanded,  the  finding 
or  verdict  of  such  jury,  as  to  whether  or  not  the  successful 
candidate,  or  any  political  committee  or  treasurer,  or  sub- 
treasurer,  or  political  agent  acting  for  or  on  behalf  of  such 
candidate,  was  so  guilty  of  corrupt  practices,  with  the  Sec- 
retary of  State,  together  with  the  transcript  of  the  evidence 
and  the  Secretary  of  State  shall  thereupon  submit  the  same 
to  the  Governor  of  Indiana,  when  the  election  is  for  the 
President  -or  Vice-President  of  the  United  States ;  or  when 
the  election  is  for  a  representative  in  Congress,  shall  sub- 
mit the  same,  certified  under  the  seal  of  the  State  to  the 
Speaker  of  the  House  of  Representatives ;  or  when  the  elec- 
tion is  for  a  member  of  the  State  Senate,  shall  submit  the 
same  to  the  President  of  the  Senate  of  the  State  of  Indiana ; 
or  when  the  election  is  for  any  State  officer  or  a  judge  of 
the  Circuit,  Superior,  Criminal  or  Probate  Court,  or  a  Pros- 
ecuting Attorney,  or  Representative  to  the  House  of  Repre- 
sentatives of  the  General  Assembly  of  Indiana.  In  case  such 
petition  relates  to  any  other  office  than  those  above  re- 
ferred to,  the  trial  judge  shall  file  with  the  Governor  his 
decision  or  the  finding  or  verdict  of  the  jury  in  cases  where 
there  has  been  a  jury  trial,  as  to  whether  or  not  the  suc- 
cessful candidate,  or  a  political  committee  or  treasurer  or 
political  agent,  acting  for  or  in  his  behalf,  was  guilty  of 
corrupt  practices,  and  said  trial  judge  shall  also  file  with 
the  Governor  his  decision,  and  as  to  whether  or  not,  upon 
the  findings  in  such  case,  such  election  was  void  as  herein- 
after provided.  In  case  the  decision  or  finding  so  to  be  filed 
with  the  Governor  shall  be  that  any  successful  candidate  so 
petitioned  against,  was  in  person  or  in  the  person  of  a  treas- 
urer or  sub-treasurer  or  his  political  agent,  or  through  any 


214  GENERAL    LAWS 

political  committee  acting  for  or  in  his  behalf  so  guilty  of 
corrupt  practices,  such  election  shall  be  void,  except  as  here- 
inafter provided,  and  in  case  of  such  void  election,  the  Gov- 
ernor shall,  within  five  days  after  the  receipt  of  such  deci- 
sion, issue  his  proclamation  declaring  such  election  void, 
and  the  vacancy  in  the  office  to  have  been  filled  by  said  elec- 
tion shall  be  filled  in  the  same  manner  as  would  be  required 
by  law  in  case  said  vacancy  had  arisen  from  the  death  of 
the  successful  candidate  after  his  election.  If  any  candi- 
date shall  have  been  so  found  or  decided  to  have  been  so 
guilty  in  person  of  corrupt  practices,  he  shall  be  ineligible 
to  election  or  appointment  to  any  public  office  or  employ- 
ment for  a  period  of  four  years  from  the  date  of  said  elec- 
tion, but  the  mere  finding  or  decision  that  his  political  agent 
was  so  guilty  shall  not  render  him  ineligible  to  office;  but 
where  the  judge  shall  decide  or  certify  upon  his  finding  in 
any  case  that  any  such  successful  candidate  was  guilty  of 
corrupt  practices  only  in  the  person  of  his  agent,  and  that 
(a)  no  corrupt  practice  was  committed  by  the  candidate 
personally  and  the  offense  was  committed  contrary  to  his 
order  and  without  his  sanction  or  connivance;  (b)  the 
offense  was  of  a  trivial,  unimportant  and  limited  character ; 
(c)  in  all  other  respects  such  election  was  free  from  corrupt 
practices  on  the  part  of  such  candidate  and  of  his  political 
agent,  then  the  election  of  such  candidate  shall  not  be  void, 
nor  shall  the  candidate  be  subject  to  any  ineligibility  there- 
for. An  appeal  to  the  Supreme  Court  of  the  State  of  Indi- 
ana may  be  taken  on  questions  of  law  from  any  decision  rel- 
ative to  ineligibility  to  public  office  or  employment  of  any 
such  candidate.     (E.  S.  1914,  Sec.  7111m.) 

230.    Costs — Witnesses  and  Documents. 

14.  The  courts  in  which  such  petitions  shall  be  filed 
shall  have  authority  to  tax  the  costs  as  in  equity  cases, 
and  also  to  subpoena  witnesses  and  require  them  to  testify 
as  in  other  civil  cases,  and  to  compel  by  subpoena  duces 
tecum  the  production  for  examination  of  any  books  or 
papers  of  any  kind,  or  of  any  other  thing  which  may  be  re- 
qi  iTod  or  desirable  in  the  conduct  of  such  inquiry.  In  any 
proceeding  held  under  the  provisions  of  this  or  the  pre- 
ceding section,  no  witnesses  shall  be  excused  from  answer- 
ing nny  question  or  producing  any  book,  paper  or  other 


CONCERNING    ELECTIONS.  215 

thing  on  the  ground  or  claim  that  his  answer  or  the  thing 
produced,  or  to  be  produced  by  him,  may  tend  to  incrim- 
inate or  degrade  him,  or  render  him  liable  to  a  penalty,  but 
his  answer,  or  the  thing  produced  by  him  shall  not  be  used 
in  any  proceeding  against  him,  except  in  a  prosecution  for 
perjury  in  so  testifying.     (R.  S.  1914,  Sec.  7111n.) 

231.    Prosecuting  Attorney — Duties. 

15.  It  shall  be  the  duty  of  the  Prosecuting  Attorney  of 
each  county  of  this  State  to  prosecute,  by  the  regular  course 
of  criminal  procedure,  any  person  whom  he  may  believe  to 
be  guilty  of  having  violated  any  of  the  provisions  of  this  act 
within  the  county  or  district  for  which  said  Prosecuting  At- 
torney may  be  acting  as  such,  or  any  resident  of  such  county 
who  may  have  violated  any  provisions  of  this  act  in  such 
county  or  in  any  other  part  of  the  State.  And  in  any 
criminal  prosecution,  under  this  act,  or  for  violation  of  any 
of  the  provisions  thereof,  no  witness,  except  the  person  who 
is  accused  and  on  trial,  shall  be  excused  from  answering 
any  question  or  producing  any  book,  paper  or  other  thing 
on  the  ground  or  claim  that  his  answer,  or  the  thing 
produced  or  to  be  produced  by  him,  may  tend  to  incrim- 
inate or  degrade  him,  or  render  him  liable  to  a  penalty, 
but  his  answer  or  the  thing  produced  by  him  shall  not  be 
used  in  any  proceeding  against  him,  except  in  a  prosecution 
for  perjury  in  so  testifying.     (R.  S.  1914,  Sec.  7111o.) 

[Public— No.  274.] 

[H.  R.  2250.] 

An  Act  Providing  for  publicity  of  contributions  made  for  the  pui"pose 
of  influencing  elections  at  which  Representatives  in  Ck)ngress  are  elected. 

232. 

Be  it  enacted  by  the  Senate  and  House  of  Represent- 
atives of  the  United  States  of  America  in  Congress  as- 
sembled, That  the  term ^  Apolitical  committee  "under  the  pro- 
visions of  this  Act  shall  include  the  national  committees  of 
all  political  p.arties  and  the  national  congressional  cam- 
paign committees  of  all  political  parties  and  all  committees, 
associations,  or  organizations  which  shall  in  two  or  more 
States  influence  the  result  or  attempt  to  influence  the  re- 


216  GEJSTEEAL    LAWS 

suit  of  an  election  at  wMcli  Eepresentatives  in  Congress 
are  to  be  elected.  (36  Stat.  L.  822,  Federal  Statutes 
Annotated  Supplement  1912,  p.  69.) 

233. 

Sec.  2.  That  every  political  committee  as  defined  in 
this  Act  shall  have  a  chairman  and  a  treasurer.  It  shall  be 
the  duty  of  the  treasurer  to  keep  a  detailed  and  exact  ac- 
count of  all  money  or  its  equivalent  received  by  or  promised 
to  such  committee  or  any  member  thereof,  or  by  or  to  any 
person  acting  under  its  authority  or  in  its  behalf,  and  the 
name  of  every  person,  firm,  association,  or  committee  from 
whom  received,  and  of  all  expenditures,  disbursements,  and 
promises  of  payment  or  disbursement  made  by  the  commit- 
tee or  any  member  thereof,  or  by  any  person  acting  under 
its  authority  or  in  its  behalf,  and  to  whom  paid,  distributed, 
or  disbursed.  No  officer  or  member  of  such  committee,  or 
other  person  acting  under  its  authority  or  in  its  behalf, 
shall  receive  any  money  or  its  equivalent,  or  expend  or 
promise  to  expend  any  money  on  behalf  of  such  committee, 
until  after  a  chairman  and  treasurer  of  such  committee 
shall  have  been  chosen.  (36  Stat.  L.  823,  Federal  Statutes 
Annotated  Supp.  1912,  p.  69.) 

234. 

Sec.  3.  That  every  payment  or  disbursement  made  by 
a  political  committee  exceeding  ten  dollars  in  amount  be 
evidenced  by  a  receipted  bill  stating  the  particulars  of 
expense,  and  every  such  record,  voucher,  receipt,  or  ac- 
count shall  be  preserved  for  fifteen  months  after  the  elec- 
tion to  which  it  relates.  (36  Stat.  L.  823,  Fed.  Stat.  An- 
notated Supplement  1912,  p.  70.) 

235. 

Sec.  4.  That  whoever,  acting  under  the  authority  or 
in  behalf  of  such  political  committee,  whether  as  a  member 
thereof  or  otherwise,  receives  any  contribution,  payment, 
loan,  gift,  advance,  deposit,  or  promise  of  money  or  its 
equivalent  shall,  on  demand,  and  in  any  event  within  ^Ye 
days  after  the  receipt  of  such  contribution,  payment,  loan, 
gift,  advance,  deposit,  or  promise,  render  to  the  treasurer 


CONCERNING    ELECTIONS.  217 

of  such  political  committee  a  detailed  account  of  the  same, 
together  with  the  name  and  address  from  whom  received, 
and  said  treasurer  shall  forthwith  enter  the  same  in  a 
ledger  or  record  to  be  kept  by  him  for  that  purpose.  (36 
State.  L.  823,  Fed.  Stat.  Anno.  Supp.  1912,  p.  70.) 

236. 

*^Sec.  5.  That  the  treasurer  of  every  such  political 
committee  shall,  not  more  than  fifteen  days  and  not  less 
than  ten  days  next  before  an  election  at  which  Represent- 
atives in  Congress  are  to  be  elected  in  two  or  more  States, 
file  in  the  office  of  the  Clerk  of  the  House  of  Represent- 
atives at  Washington,  District  of  Columbia,  with  said  Clerk, 
an  itemized  detailed  statement;  and  on  each  sixth  day 
thereafter  until  such  election  said  treasurer  shall  file  with 
said  Clerk  a  supplemental  itemized  detailed  statement. 
Each  of  said  statements  shall  conform  to  the  requirements 
of  the  following  section  of  this  Act,  except  that  the  supple- 
mental statement  herein  required  need  not  contain  any 
item  of  which  publicity  is  given  in  a  previous  statement. 
Each  of  said  statements  shall  be  full  and  complete,  and 
shall  be  signed  and  sworn  to  by  said  treasurer. 

'*It  shall  also  be  the  duty  of  said  treasurer  to  file  a 
similar  statement  with  said  Clerk  within  thirty  days  after 
such  election,  such  final  statement  also  to  be  signed  and 
sworn  to  by  said  treasurer  and  to  conform  to  the  require- 
ments of  the  following  section  of  this  Act.  The  statements 
so  filed  with  the  Clerk  of  the  House  shall  be  preserved  by 
him  for  fifteen  months  and  shall  be  a  part  of  the  public 
records  of  his  office  and  shall  be  open  to  public  inspection. 
(As  amended  August  19,  1911.  37  Stat.  L.  25,  Fed.  Stat. 
Anno.  Supp.  1912,  p.  71.) 

237. 

**Sec.  6.  That  the  statements  required  by  the  preced- 
ing section  of  this  Act  shall  state : 

**  First.  The  name  and  address  of  each  person,  firm,  as- 
sociation, or  committee  who  or  which  has  contributed,  prom- 
ised, loaned,  or  advanced  to  such  political  committee,  or 
any  officer,  member,  or  agent  thereof  either  in  one  or  more 
items,  money  or  its  equivalent  of  the  aggregate  amount  or 


1 


218  GENEEAL    LAWS 

value  or  one  hundred  dollars  or  more,  and  the  amount  oi- 
sum  contributed,  promised,  loaned,  or  advanced  by  each. 

^^  Second.  The  aggregate  sum  contributed,  promised, 
loaned,  or  advanced  to  such  political  committee,  or  to  any 
officer,  member,  or  agent  thereof,  in  amounts  of  less  than 
one  hundred  dollars. 

^*  Third.    The  total  sum  of  all  contributions,  promises, 
loans,  and  advances  received  by  such  political  committ 
or  any  officer,  member,  or  agent  thereof. 

** Fourth.  The  name  and  address  of  each  person,  tirm, 
association,  or  committee  to  whom  such  political  commit- 
tee, or  any  officer,  member,  or  agent  thereof,  has  distrib- 
uted, disbursed,  contributed,  loaned,  advanced,  or  prom- 
ised any  sum  of  money  or  its  equivalent  of  the  amount  or 
value  of  ten  dollars  or  more,  stating  the  amount  or  sum 
distributed,  disbursed,  contributed,  loaned,  advanced,  or 
promised  to  each,  and  the  purpose  thereof. 

*  *  Fifth.  The  aggregate  sum  distributed,  disbursed,  con- 
tributed, loaned,  advanced,  or  promised  by  such  political 
committee,  or  any  officer,  member,  or  agent  thereof,  where 
the  amount  or  value  of  such  distribution,  disbursement, 
loan,  advance,  or  promise  to  any  one  person,  firm,  associa- 
tion, or  committee  in  one  or  more  items  is  less  than  ten 
dollars. 

**  Sixth.  The  total  sum  disbursed,  distributed,  contrib- 
uted, loaned,  advanced,  or  promised  by  such  political  com- 
mittee, or  any  officer,  member,  or  agent  thereof.''  (As 
amended  August  19,  1911.  37  Stat.  L.  25,  Fed.  Stat.  Anno. 
Supp.  1912,  p.  71.) 


238. 

Sec.  7.     That  every  person,  firm,  association,  or  coi 
mittee,  except  political  committees  as  hereinbefore  defin( 
that  shall  expend  or  promise  any  sum  of  money  or  othel 
thing  of  value  amounting  to  fifty  dollars  or  more  for  the 
purpose  of  influencing  or  controlling,  in  two  or  more  StateM 
the  result  of  an  election  at  which  Representatives  to  the 
Congress  of  the  United  States  are  elected,  unless  he  or  ^ 
shall  contribute  the  same  to  a  political  committee  as  her^ 
inbefore  defined,  shall  file  the  statements  of  the  same  under 
oath,  as  required  by  section  six  of  this  Act,  in  the  offic< 


^^■1 


CONCERNING    ELECTIONS.  219 

of  the  Clerk  of  the  House  of  Eepresentatives,  at  Washing- 
ton, District  of  Columbia  which  statements  shall  be  held 
by  said  Clerk  in  all  respects  as  required  by  section  five  of 
this  Act.  (36  Stat.  L.  824,  Fed.  Stat.  Anno.  Supp.  1912, 
p.  71.) 

239. 

"Sec.  8  The  word  ^candidate'  as  used  in  this  section 
shall  include  all  persons  whose  names  are  presented  for 
nomination  for  Representative  or  Senator  in  the  Congress 
of  the  United  States  at  any  primary  election  or  nominat- 
ing convention,  or  for  indorsement  or  election  at  any  gen- 
eral or  special  election  held  in  connection  with  the  nomina- 
tion or  election  of  a  person  to  fill  such  office,  whether  or  not 
such  persons  are  actually  nominated,  indorsed,  or  elected. 

''Every  person  who  shall  be  a  candidate  for  nomina- 
tion at  any  primary  election  or  nominating  convention,  or 
for  election  at  any  general  or  special  election,  as  Repre- 
sentative in  the  Congress  of  the  United  States,  shall,  not 
less  than  ten  nor  more  than  fifteen  days  before  the  day  for 
holding  such  primary  election  or  nominating  convention, 
and  not  less  than  ten  nor  more  than  fifteen  days  before  the 
day  of  the  general  or  special  election  at  which  candidates 
for  Representatives  are  to  be  elected,  file  with  the  Clerk  of 
the  House  of  Representatives  at  Washington,  District  of 
Columbia,  a  full,  correct,  and  itemized  statement  of  all 
moneys  and  things  of  value  received  by  him  or  by  anyone 
for  him  with  his  knowledge  and  consent,  from  any  source, 
in  aid  or  support  of  his  candidacy,  together  with  the  names 
of  all  those  who  have  furnished  the  same  in  whole  or  in  part ; 
and  such  statement  shall  contain  a  true  and  itemized  ac- 
count of  all  moneys  and  things  of  value  given,  contributed, 
expended,  used,  or  promised  by  such  candidate,  or  by  his 
agent,  representative,  or  other  person  for  and  in  his  behalf 
with  his  knowledge  and  consent,  together  with  the  names 
of  all  those  to  whom  any  and  all  such  gifts,  contributions, 
payments,  or  promises  were  made,  for  the  purpose  of  pro- 
curing his  nomination  or  election. 

' '  Every  person  who  shall  be  a  candidate  for  nomination 
at  any  primary  election  or  nominating  convention,  or  for 
indorsement  at  any  general  or  special  election,  or  election 


^20  GENERAL    LAWS 

by  the  legislature  of  any  State,  as  Senator  in  the  Congress 
of  the  United  States,  shall,  not  less  than  ten  nor  more  tha] 
fifteen  days  before  the  day  for  holding  such  primary  elec- 
tion or  nominating  convention,  and  not  less  than  ten  nor 
more  than  fifteen  days  before  the  day  of  the  general  or 
special  election  at  which  he  is  seeking  indorsement,  and  not 
less  than  five  nor  more  than  ten  days  before  the  day  upon 
which  the  first  vote  is  to  be  taken  in  the  two  houses  of  the 
legislature  before  which  he  is  a  candidate  for  election  as 
Senator,  file  with  the  Secretary  of  the  Senate  at  Washing- 
ton, District  of  Columbia,  a  full,  correct,  and  itemized  state- 
ment of  all  moneys  and  things  of  value  received  by  him 
or  by  anyone  for  him  with  his  knowledge  and  consent,  from 
any  source,  in  aid  or  support  of  his  candidacy,  together 
with  the  names  of  all  those  who  have  furnished  the  same 
in  whole  or  in  part ;  and  such  statement  shall  contain  a  true 
and  itemized  account  of  all  moneys  and  things  of  value 
given,  contributed,  expended,  used,  or  promised  by  such 
candidate,  or  by  his  agent,  representative,  or  other  person 
for  and  in  his  behalf  with  his  knowledge  and  consent,  to- 
gether with  the  names  of  all  those  to  whom  any  and  all 
such  gifts,  contributions,  payments,  or  promises  were  made 
for  the  purpose  of  procuring  his  nomination  or  election. 

^^  Every  such  candidate  for  nomination  at  any  primary 
election  or  nominating  convention,  or  for  indorsement  or 
election  at  any  general  or  special  election,  or  for  election  by 
the  legislature  of  any  State,  shall,  within  fifteen  days  afte] 
such  primary  election  or  nominating  convention,  and  with- 
in thirty  days  after  any  such  general  or  special  election] 
and  within  thirty  days  after  the  day  upon  which  the  legis- 
lature shall  have  elected  a  Senator,  file  with  the  Clerk  oi 
the  House  of  Representatives  or  with  the  Secretary  of  th( 
Senate,  as  the  case  may  be,  a  full,  correct,  and  itemiz( 
statement  of  all  moneys  and  things  of  value  received  b] 
him  or  by  anyone  for  him  with  his  knowledge  and  consenj 
from  any  source,  in  aid  or  support  of  his  candidacy,  t( 
gether  with  the  names  of  all  those  who  have  furnished  thi 
same  in  whole  or  in  part ;  and  such  statement  shall  contaii 
a  true  and  itemized  account  of  all  moneys  and  things  oi 
value  given,  contributed,  expended,  used  or  promised  b; 
such  candidate,  or  by  his  agent,  representative,  or  othei 
person  for  and  in  his  behalf  with  his  knowledge  and  canl 


COi^OERNING    ELEOTiONS.  221 

sent,  up  to,  on,  and  after  the  day  of  such  primary  election, 
nominating  convention,  general  or  special  election,  or  elec- 
tion by  the  legislature,  together  with  the  names  of  all  those 
to  whom  any  and  all  such  gifts,  contributions,  payments, 
or  promises  were  made  for  the  purpose  of  procuring  his 
nomination,  indorsement,  or  election. 

* '  Every  such  candidate  shall  include  therein  a  statement 
of  every  promise  or  pledge  made  by  him,  or  by  any  one  for 
him  with  his  knowledge  and  consent  or  to  whom  he  has 
given  authority  to  make  any  such  promise  or  pledge,  before 
the  completion  of  any  such  primary  election  or  nominat- 
ing convention  or  general  or  special  election  or  election  by 
the  legislature,  relative  to  the  appointment  or  recommenda- 
tion for  appointment  of  any  person  to  any  position  of  trust, 
honor,  or  profit,  either  in  the  county.  State,  or  Nation,  or 
in  any  political  subdivision  thereof,  or  in  any  private  or 
corporate  employment,  for  the  purpose  of  procuring  the 
support  of  such  person  or  of  any  person  in  his  candidacy, 
and  if  any  such  promise  or  pledge  shall  have  been  made  the 
name  or  names,  the  address  or  addresses,  and  the  occupa- 
tion or  occupations,  of  the  person  or  persons  to  whom  such 
promise  or  pledge  shall  have  been  made,  shall  be  stated, 
together  with  a  description  of  the  position  relating  to  which 
such  promise  or  pledge  has  been  made.  In  the  event  that 
no  such  promise  or  pledge  has  been  made  by  such  candidate, 
that  fact  shall  be  distinctly  stated. 

^'No  candidate  for  Representative  in  Congress  or  for 
Senator  of  the  United  States  shall  promise  any  office  or 
position  to  any  person,  or  to  use  his  influence  or  to  give 
his  support  to  any  person  for  any  office  or  position  for  the 
purpose  of  procuring  the  support  of  such  person,  or  of  any 
person,  in  his  candidacy ;  nor  shall  any  candidate  for  Sen- 
ator of  the  United  States  give,  contribute,  expend,  use,  or 
promise  any  money  or  thing  of  value  to  assist  in  procuring 
the  nomination  or  election  of  any  particular  candidate  for 
the  legislature  of  the  State  in  which  he  resides,  but  such  can- 
didate may,  within  the  limitations  and  restrictions  and  sub- 
ject to  the  requirements  of  this  act,  contribute  to  political 
committees  having  charge  of  the  disbursement  of  campaign 
funds. 

^'No  candidate  for  Representative  in  Congress  or  for 
Senator  of  the  United  States  shall  give,  contribute,  expend. 


222  GENERAL    LAWS 

use,  or  promise,  or  cause  to  be  given,  contributed,  expended, 
used,  or  promised,  in  procuring  his  nomination  and  elec- 
tion, any  sum,  in  the  aggregate,  in  excess  of  the  amount 
which  he  may  lawfully  give,  contribute,  expend,  or  promise 
under  the  laws  of  the  State  in  which  he  resides :  Provided, 
That  no  candidate  for  Eepresentative  in  Congress  shall 
give,  contribute,  expend,  use,  or  promise  any  sum,  in  the 
aggregate,  exceeding  five  thousand  dollars  in  any  cam- 
paign for  his  nomination  and  election;  and  no  candidate 
for  Senator  of  the  United  States  shall  give,  contribute,  ex- 
pend, use,  or  promise  any  sum,  in  the  aggregate,  exceeding 
ten  thousand  dollars  in  any  campaign  for  his  nomination 
and  election:  Provided  further,  That  money  expended  by 
any  such  candidate  to  meet  and  discharge  any  assessment, 
fee,  or  charge  made  or  levied  upon  candidates  by  the  laws 
of  the  State  in  which  he  resides,  or  for  his  necessary  per- 
sonal expenses,  incurred  for  himself  alone,  for  travel  and 
subsistence,  stationery  and  postage,  writing  or  printing 
(other  than  in  newspapers),  and  distributing  letters,  cir- 
culars, and  posters,  and  for  telegraph  and  telephone  serv- 
ice, shall  not  be  regarded  as  an  expenditure  within  the 
meaning  of  this  section,  and  shall  not  be  considered  any 
part  of  the  sum  herein  fixed  as  the  limit  of  expense  and 
need  not  be  shown  in  the  statements  herein  required  to  be 
filed. 

''The  statements  herein  required  to  be  made  and  filed 
before  the  general  election,  or  the  election  by  the  legisla- 
ture at  which  such  candidate  seeks  election,  need  not  con- 
tain items  of  which  publicity  is  given  in  a  previous  state- 
ment, but  the  statement  required  to  be  made  and  filed  aftei 
said  general  election  or  election  by  the  legislature  shall,  ii 
addition  to  an  itemized  statement  of  all  expenses  not  there^ 
tofore  given  publicity,  contain  a  summary  of  all  preceding 
statements. 

''Any  person,  not  then  a  candidate  for  Senator  of  th( 
United  States,  who  shall  have  given,  contributed,  expendedj 
used,  or  promised  any  money  or  thing  of  value  to  aid  oi 
assist  in  the  nomination  or  election  of  any  particular  mem-j 
ber  of  the  legislature  of  the  State  in  which  he  resides,  shallj 
if  he  thereafter  becomes  a  candidate  for  such  office,  or  ij 
he  shall  thereafter  be  elected  to  such  office  without  becomj 
ing  a  candidate  therefor,  comply  with  all  of  the  provisions 


CONCERNING    ELECTIONS. 


223 


of  this  section  relating  to  candidates  for  such  office,  so  far 
as  the  same  may  be  applicable;  and  the  statement  herein 
required  to  be  made,  verified,  and  filed  after  such  election 
shall  contain  a  full,  true,  and  itemized  account  of  each  and 
every  gift,  contribution,  expenditure,  and  promise  when- 
ever made,  in  any  wise  relating  to  the  nomination  or  elec- 
tion of  members  of  the  legislature  of  said  State,  or  in  any 
wise  connected  with  or  pertaining  to  his  nomination  and 
election  of  which  publicity  is  not  given  in  a  previous  state- 
ment. 

**  Every  statement  herein  required  shall  be  verified  by 
the  oath  or  affirmation  of  the  candidate,  taken  before  an 
officer  authorized  to  administer  oaths;  and  the  depositing 
of  any  such  statement  in  a  regular  post  office,  directed  to 
the  Clerk  of  the  House  of  Eepresentatives,  or  to  the  Secre- 
tary of  the  Senate,  as  the  case  may  be,  duly  stamped  and 
registered,  within  the  time  required  herein,  shall  be  deemed 
a  sufficient  filing  of  any  such  statement  under  any  of  the 
provisions  of  this  Act.'' 

Approved  August  23,  1912. 

^ '  This  Act  shall  not  be  construed  to  annul  or  vitiate  the 
laws  of  any  State,  not  directly  in  conflict  herewith,  relating 
to  the  nomination  or  election  of  candidates  for  the  offices 
herein  named,  or  to  exempt  any  such  candidate  from  com- 
plying with  such  State  laws.''  (As  amended  August  19, 
1911.  37  State.  L.  26,  Fed.  Stat.  Anno.  1912.  Supp.  p.  72, 
and  as  amended  Aug.  23d,  1912.) 

240. 

''Sec.  9.  That  any  person  may  in  connection  with  such 
election  incur  and  pay  from  his  own  private  funds  for  the 
purpose  of  influencing  or  controlling,  in  two  or  more  States, 
the  results  of  an  election  at  which  Representatives  to  the 
Congress  of  the  United  States  are  elected,  all  necessary  per- 
sonal expenses  for  his  traveling,  for  stationery,  and  post- 
age, and  for  telegraph  and  telephone  service  without  being 
subject  to  the  provisions  of  this  Act.''  (As  amended  Au- 
gust 19,  1911.  36  Stat.  L.  p.  824,  Fed.  Stat.  Anno.  1912 
Supp.  p.  71.) 


224 


241. 


GENERAL    LAWS 


Sec.  10.  That  nothing  contained  in  this  Act  shall  limit 
or  affect  the  right  of  any  person  to  spend  money  for  proper 
legal  expenses  in  maintaining  or  contesting  the  results  of 
any  election.    (36  Stat.  L.  824.) 


242. 


I 


Sec.  11.  That  every  person  wilfully  violating  any  of 
the  foregoign  provisions  of  this  Act  shall,  upon  conviction, 
be  fined  not  more  than  one  thousand  dollars  or  imprisoned 
not  more  than  one  year,  or  both.  (Approved,  June  25, 1910. 
36  Stat.  L.  824.) 


i 


ARTICLE   7— ADDITIONAL   PROVISIONS   TO    SECURE    PURITY    OF 

ELECTIONS. 


243.  lUegal  voter.  263. 

244.  Voting  in  wrong  precinct.  264. 

245.  Non-resident  voting.  265. 

246.  Importing  voters.  266. 

247.  Voting  more  than  once.  267. 

248.  Sale  of  vote.  _  268. 

249.  Reward  for  conviction.  269. 

250.  Limitation  of  actions.  270. 

251.  Bribery  to  secure  nomination.  271. 

252.  Bribing  voter.  272. 

253.  Ground  of  challenge— Affidavit.  273. 

254.  False  affidavit.  274. 

255.  Ballot  box  breaking— Altering  returns.  275. 

256.  Fraud  by  officer.  276. 

257.  Altering  returns.  277. 

258.  Refusing  to  receive  vote.  278. 

259.  Officer  persuading  voter.  279. 

260.  OflBcer  opening  or  marking  ticket.  280. 

261.  Deceiving  illiterate  voter. 

262.  Defrauding  voter. 


Using  violence,  threats  or  restraint. 

Seizing  ballot  box. 

Destroying  ballot  box  or  ballots.' 

Inducing  voters  to  re-sign  petition. 

Selling  signature  to  petition. 

Fraud  at  special  election. 

Buying  vote  at  special  election. 

Bribing  to  procure  election. 

Bribery  of  election  officers. 

Betting  on  elections. 

Inducing  minor  to  bet  on  elections. 

Liquor— Selling  on  election  day. 

Druggist  selling  liquor  on  election  day. 

Penalty  for  selling  or  offering  to  sell  vote . 

Penalty  for  buying  votes. 


Repeal. 

Holidays — Hours  of  Sale — Cities  or  Towne 
— Penalties. 


[1881,  S.,  p.  174.    Approved  April  14,  1881.    In  force  September  19,  1881.] 


243.    lUegal  Voter. 

263.    Whoever,  not  having  the  legal  qualifications  of  a 
voter  at  any  election  authorized  by  law  to  be  held  in  this 
State  for  any  officer  whatever,  votes  or  offers  to  vote  at_ 
such  election,  shall  be  fined  not  more  than  five  hundr( 
dollars  nor  less  than  ten  dollars,  imprisoned  in  the  counb 
jail  not  more  than  one  year  nor  less  than  one  month,  an( 
disfranchised  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period.     (R.  S.  190^ 
and  1914,  §2561;  R.  S.  1901,  §2322;  R.  S.  1897,  §2362;  R. 
1894,  §2322;  R.  S.  1881,  §2179.) 


COIS^CERNING    ELECTIONS.  225 

244.  Voting  in  Wrong  Precinct. 

2G4.  Whoever  knowingly  votes  or  offers  to  vote  in  any 
precinct  or  ward  except  the  one  in  which  he  resides,  shall  be 
fined  not  more  than  five  hundred  dollars  nor  less  than  ten 
dollars,  imprisoned  in  the  county  jail  not  more  than  one 
year  nor  less  than  one  month,  and  disfranchised  and  ren- 
dered incapable  of  holding  any  office  of  trust  or  profit  foi 
any  determinate  period.  (R.  S.  1908  and  1914,  §2562;  R. 
S.  1901,  §2323;  R.  S.  1897,  §2363;  R.  S.  1894,  §2323;  R.  S. 
1881,  §2180.) 

245.  Nonresident  Voting. 

265.  Whoever  passes  from  any  other  State  into  this 
State,  and  votes  or  attempts  to  vote  at  any  voting  precinct 
or  ward  of  this  State,  not  being  at  the  time  a  bona  fide  resi- 
dent of  such  voting  precinct  or  ward,  shall  be  fined  not 
more  than  one  thousand  dollars  nor  less  than  fifty  dollars, 
imprisoned  in  the  State  prison  not  more  than  five  years  nor 
less  than  one  year,  and  disfranchised  and  rendered  incapa- 
ble of  holding  an}^  office  of  trust  or  profit  for  any  deter- 
minate period.  (R.  S.  1908  and  1914,  §2564;  R.  S.  1901, 
§2324;  R.  S.  1897,  §2364;  R.  S.  1894,  §2324;  R.  S.  1881, 
§2181.) 

246.  Importing  Voters. 

266.  Whoever  hires  or  solicits  any  person  to  come  from 
any  State  into  this  State  for  the  purpose  of  voting  at  any 
election  therein  or  to  pass  from  any  county  to  another 
county,  or  from  any  township  into  another  township,  or 
from  any  voting  precinct  or  ward  into  another  voting  pre- 
cinct or  ward  of  the  State,  for  the  purpose  of  voting  there- 
in at  any  election  held  therein  (such  person,  so  solicited, 
not  being  a  legal  voter  in  such  county,  township,  precinct 
or  ward),  shall  be  fined  not  more  than  one  thousand  dol- 
lars nor  less  than  fifty  dollars,  imprisoned  in  the  State 
prison  not  more  than  five  years  nor  less  than  one  year,  and 
disfranchised  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908 
and  1914,  §2565;  R.  S.  1901,  §2325;  R.  S.  1897;  §2365;  R. 
S.  1894,  §2325;  R.  S.  1881,  §2182.) 

15—1770 


226  GENERAL    LAWS 

247.  Voting  More  Than  Once. 

267.  Whoever  votes  more  than  once  at  any  election  in 
this  State,  either  at  the  same  precinct  or  ward  or  at  differ- 
ent precincts  or  wards,  shall  be  fined  not  more  than  one 
thousand  dollars  nor  less  than  fifty  dollars,  imprisoned  in 
the  State  prison  not  more  than  five  years  nor  less  than  one 
year,  and  disfranchised  and  rendered  incapable  of  holding 
any  office  of  trust  or  profit  for  any  determinate  period.  (R. 
S.  1908  and  1914,  §2563;  R.  S.  1901,  §2326;  R.  S.  1897, 
§2366;  R.  S.  1894,  §2326;  R.  S.  1881,  §2183.) 

248.  Sale  of  Vote. 

1.  That  whosoever  sells,  barters  or  offers  to  sell  or 
barter  his  vote,  or  offers  to  refrain  from  voting  for  any 
candidate  or  candidates  for  any  office  at  any  general,  spe- 
cial or  primary  elections  or  convention  either  for  money  or 
property,  or  thing  of  value,  or  for  any  promise  or  favor  or 
hope  of  reward,  or  who  shall  accept  any  money,  property 
or  thing  of  value,  with  the  promise  or  pretense  of  voting 
for,  or  refraining  from  voting  for  any  candidate  or  candi- 
dates, shall  upon  conviction  therefor  be  disfranchised  and 
rendered  incapable  of  holding  any  office  of  profit  or  trust, 
for  a  period  not  less  than  ten  years  nor  more  than  twenty 
years.    (Acts  1899  p.  381.    R.  S.  1914,  Sec.  2558.) 

249.  Reward  for  Conviction. 

2.  Any  person  or  persons  having  knowledge  or  informa- 
tion of  the  violation  of  the  provisions  of  this  act,  who 
shall  procure  or  furnish  or  cause  to  be  procured  or  fur- 
nished the  testirnony  necessary  to  secure  a  conviction  of  the 
person  or  persons  violating  the  same  shall  be  entitled  to  a 
reward  of  $100  payable  out  of  the  treasury  of  the  county 
in  which  such  conviction  shall  be  had  and  the  right  to  such 
reward  shall  be  a  valid  claim  against  such  county.  (Acts 
1899  p.  381.    R.  S.  1914,  Sec.  2559.) 

250.  Limitation  of  Actions. 

4.  Prosecutions  may  be  brought,  under  this  act,  at  any 
time,  within  six  years  after  the  commission  of  the  offense. 
(Acts  1899  p.  381.    R.  S.  1914,  Sec.  2560.) 


1 


CONCERNING    ELECIIONS.  227 

[1889,  p.  267.    Approved  March  9,  1889.    In  force  May  10,  1889.] 

251.  Bribery  to  Secure  Nomination. 

1.  Any  person  being  a  candidate  for  nomination  to 
any  office  of  profit  or  trust  under  the  Constitution  or  laws 
of  this  State,  or  of  the  United  States,  before  any  conven- 
tion held  by  any  political  party,  or  at  any  primary  elec- 
tion, who  loans,  pays  or  gives,  or  promises  to  loan,  pay  or 
give  any  money  or  other  thing  of  value  to  any  delegate  or 
elector,  or  any  other  person,  for  the  purpose  of  securing 
the  vote  or  influence  of  such  delegate,  elector  or  person  for 
his  nomination,  and  whoever  hires  or  otherwise  employs  for 
consideration  any  person  to  work  for  the  nomination  of 
any  person  to  any  office,  or  to  work  for  the  selection  of  any 
delegate  to  be  chosen  at  any  party  convention  or  primary 
election,  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  more  than  five  hundred  dollars  and  disfranchised  and 
rendered  incabable  of  holding  any  office  of  profit  or  trust 
within  this  State  for  any  determinate  period,  and  if  nomi- 
nated shall  be  ineligible  to  hold  such  office.  (R.  S.  1908 
and  1914,  §2566;  R.  S.  1901,  §2327;  R.  S.  1897,  §2367;  R. 
S.  1894,  §2327;  E.  S.  §319.)    - 

252.  Bribing  Voter. 

2.  Whoever,  being  a  candidate  for  an  office,  loans  or 
gives,  directly  or  indirectly,  or  offers  or  promises  to  loan  or 
give  any  money  or  other  thing  of  value  to  any  elector  for 
the  purpose  of  influencing  or  retaining  the  vote  of  such 
elector,  or  to  induce  such  elector  to  work  or  labor  for  the 
election  of  such  candidate  or  to  refrain  from  working  or 
laboring  for  the  election  of  any  other  candidate,  or  to  any 
person,  to  secure  or  to  retain  the  influence  or  vote  of  such 
elector  in  his  behalf  as  such  candidate,  or  to  be  used  by 
such  person  in  any  way  to  influence  the  vote  of  any  elector, 
or  of  electors  generally,  for  himself  or  any  candidate  or 
ticket,  and  whoever  hires  or  otherwise  employs  for  consid- 
eration any  person  to  work  at  the  polls  on  election  day  for 
the  election  of  any  candidate  to  be  voted  for  at  such  elec- 
tion, shall  be  fined  in  any  sum  not  more  than  one  thousand 
nor  less  than  three  hundred  dollars,  and  shall  be  disfran- 
chised and  rendered  incapable  of  holding  any  office  of  profit 
or  trust  within  this  State  for  any  determinate  period,  and 


228  ,         GE]st:ral  laws 

a  violation  of  any  provision  of  this  section  by  any  person 
elected  to  such  office  shall  render  his  election  void,  and  if 
he  has  taken  the  office,  upon  conviction,  shall  operate  as  a 
vacation  of  the  same.  (R.  S.  1908  and  1914,  §2567;  R.  S. 
1901,  §2328;  R.  S.  1897,  §2368;  R.  S.  1894,  §2328;  E.  S., 
§320.) 

253.    Ground  of  Challenge— Affidavit. 

5.  At  any  election  held  under  and  pursuant  to  any  law 
of  this  State,  it  shall  be  a  ground  of  challenge  that  any 
person  offering  to  vote  has  used  or  attempted  to  use  money 
or  other  means  to  buy,  hire  or  induce  any  elector  to  vote  or 
refrain  from  voting  for  any  candidate  or  candidates,  or  has 
advised,  counseled  or  suggested  bribery  of  any  elector  or 
electors  at  any  such  election,  whether  the  same  has  been 
acted  on  or  not ;  or  has  sold  or  offered  to  sell  his  vote  for 
any  candidate  or  candidates,  at  any  such  election.  And 
when  so  challenged  such  elector  shall  not  be  permitted  to 
vote  until  he  has  taken  and  subscribed  the  following : 


[-  s?; 


State  of  Indiana, 
County. 

I, ,  do  solemnly  swear  (or  affirm)  that  I  have 

not  used  nor  attempted  to  use  any  money  or  other  means  to 
buy,  hire  or  induce  any  person  or  persons  to  vote  or  refrain 
from  voting,  or  to  remain  away  from  the  polls  at  this  elec- 
tion ;  and  that  I  have  not  counseled,  advised,  suggested  or 
procured  any  person  or  persons  to  bribe  any  elector  or 
electors  to  vote  for  any  candidate  or  candidates,  or  to  re- 
frain from  voting,  or  to  remain  away  from  the  polls  at  this 
election,  and  that  I  have  not  sold  or  offered  to  sell  my  vote, 
either  directly  or  indirectly,  at  this  election. 


Subscribed  and  sworn  to  before  me  this day  of 

,19... 


(R.  S.  1908  and  1914,  §2568;  R.  S.  1901,  §2331;  R.  S. 
1897,  §2371;  R.  S.  1894,  §2331;  E.  S.,  §323.) 


COXCEKXIJfG    ELECTIONS.  229 

254.  False  Affidavit. 

6.  Whoever  shall  wilfully  or  knowingly  make  a  false 
affidavit  under  this  Act  shall  be  guilty  of  perjury  and  pun- 
ished accordingly.  All  affidavits  made  under  the  preced- 
ing sections  shall  be  filed  with  the  Board  of  Election  and 
preserved  by  such  Board  in  the  manner  as  other  similar 
affidavits  and  papers  are  preserved.  (R.  S.  1908  and  1914, 
§2569;  E.  S.  1901,  §2332;  E.  S.  1897,  §2372;  R.  S.  1894, 
§2332;  E.  R.,  §324.) 

1.  Section  7  repeals  Sections  1,  2,  3  and  5  of  Acts  of  March  17,  1885 
(1SS5,  p.  93).    Tlie  same  section  repeals  2184  and  2185  of  R.  S.  1881. 

255.  Ballot  Box  Breaking — Altering  Returns. 

8.  Any  person  not  duly  authorized  by  law  who  shall, 
during  the  progress  of  an  election  in  this  State,  or  after 
the  closing  of  the  polls  and  before  the  ballots  are  counted, 
and  result  ascertained,  or  within  six  months  thereafter, 
break  open  or  violate  the  seals  or  locks  of  any  ballot  box, 
paper  envelope  or  bag  in  which  ballots  have  been  deposited' 
at  or  after  such  election,  or  who  shall  obtain  possession  of 
such  ballot  box,  paper  envelope  or  bag  containing  such  bal- 
lots, and  cancel,  withhold  or  destroy  the  same,  or  who  shall 
fraudulently  or  forcibly  add  to  or  diminish  the  number  of 
ballots  legally  deposited  therein,  or  who  shall  fraudulently 
make  any  erasure  or  alteration  of  any  kind  upon  any  tally 
sheet,  poll  book,  list  of  voters  or  election  return  deposited 
therein,  shall  be  fined  in  any  sum  not  more  than  one  thou- 
sand nor  less  than  five  hundred  dollars,  and  imprisoned  in 
the  State  prison  not  more  than  ten  nor  less  than  two  years, 
and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  profit  or  trust  in  this  State  for  any  determinate 
period.  (R.  S.  1908  and  1914,  §2570;  R.  S.  1901,  §2333;  R. 
S.  1897,  §2373;  R.  S.  1894,  §2333;  E.  S.,  §326.) 

[1881,  p.  174.    Approved  April  14,  1881.     In  force  September  19,  1881.] 

256.  Fraud  by  Officer. 

270.  Wioever,  being  a  Township  Trustee,  Inspector, 
Judge  of  Election,  or  Clerk  of  Election,  takes  out  of  the 
ballot  box  any  ballot  legally  deposited  therein,  for  the  pur- 
pose of  destroying  the  same  or  substituting  another  in  its 


230  GENEEAL    LAWS 


place,  or  after  the  same  has  been  legally  taken  out,  inten 
tionally  destroys  or  misplaces  the  same  with  the  intent  to 
substitute  another  ballot  therefor,  or  with  the  intent  to  pre- 
vent the  same  from  being  counted  at  such  election ;  or  know- 
ingly enters  upon  the  poll  books  the  name  of  any  person 
who  has  not  legally  voted  at  such  election ;  or  intentionally 
tallies  any  vote  to  any  candidate  not  voted  for  by  such 
ballot;  or  permits  any  one  of  these  acts  to  be  done, — shall 
be  fined  not  more  than  one  thousand  dollars  nor  less  than 
fifty  dollars,  imprisoned  in  the  State  prison  not  more  than 
five  years  nor  less  than  one  year,  and  disfranchised  and 
rendered  incapable  of  holding  any  office  of  trust  for  any 
determinate  period.  (R.  S.  1908  and  1914,  §2571;  R.  S 
1901,  §2334;  R.  S.  1897,  §2374;  R.  S.  1894,  §2334;  R.  S 
1881,  §2186.) 


I 


257.    Altering  Returns. 


271.  Any  Township  Trustee,  Inspector  or  any  person 
acting  for  or  on  behalf  of  any  Trustee  or  Inspector  while 
forming  a  Board  of  Canvassers  or  before  the  canvassing  of 
any  Board  of  Canvassers  or  after  the  adjournment  of  any 
Board  of  Canvassers,  who  shall,  with  intent  to  cheat  and 
defraud,  alter  any  election  return  as  made  by  the  Election 
Board  of  any  voting  precinct,  either  by  increasing  the  vote 
of  any  candidate  or  reducing  the  same;  or  shall  intention- 
ally destroy,  misplace,  or  lose  any  poll  book  or  tally  sheet; 
or  any  Clerk  of  Court  who  shall,  with  intent  to  cheat  and 
defraud,  change  or  alter  in  any  way  the  vote  of  any  candi- 
date as  returned  by  the  Board  of  Canvassers ;  or  any  such 
Trustee,  Inspector,  Clerk  or  Deputy  Clerk,  or  other  person, 
acting  for  such  person  who  shall  consent  to  the  same  being 
done,  or  who  shall  permit  the  same  to  be  done,  shall  be 
fined  not  more  than  one  thousand  dollars  nor  less  than 
fifty  dollars,  imprisoned  in  the  State  prison  not  more  than 
five  years  nor  less  than  one  year,  and  disfranchised  and 
rendered  incapable  of  holding  any  office  of  trust  or  profit 
for  any  determinate  period.  (R.  S.  1908  and  1914,  §2572; 
R.  S.  1901,  §2335;  R.  S.  1897,  §2375;  R.  S.  1894,  §2335;  R. 
S.  1881,  §2187.) 


CONCERNING    ELECTIONS.  231 

258.  Refusing  to  Receive  Vote. 

272.  Whoever,  being  an  Inspector  or  Judge  of  any 
election  held  within  this  State,  knowingly  and  wilfully,  or 
corruptly,  refuses  or  neglects  to  receive  the  vote  of  any 
legal  voter  at  any  election  held  within  the  State,  shall  be 
fined  not  more  than  five  hundred  dollars  nor  less  than  fifty 
dollars,  and  disfranchised  and  rendered  incapable  of  hold- 
ing any  office  of  trust  or  profit  for  any  determinate  period. 
(R.  S.  1908  and  1914,  §2573;  E.  S.  1901,  §2336;  B.  S.  1897, 
§2376;  R.  S.  1894,  §2336;  R.  S.  1881,  §2188.) 

259.  Officer  Persuading  Voter. 

273.  Whoever,  being  an  Inspector,  Judge,  or  Clerk  of 
an  election,  attempts  to  induce,  by  persuasion,  menace,  or 
reward,  or  promise  thereof,  any  elector  to  vote  for  any  per- 
son, shall  be  fined  not  more  than  one  hundred  dollars  nor 
less  than  ten  dollars.  R.  S.  1908  and  1914,  §2574;  R.  S. 
1901,  §2337;  R.  S.  1897,  §2377;  R.  S.  1894,  §2337;  R.  S. 
1881,  §2189.) 

260.  Officer  Opening  or  Marking  Ticket. 

274.  Whoever,  being  a  Judge,  Inspector,  Clerk,  or 
other  officer  of  an  election,  opens  or  marks,  by  folding  or 
otherwise,  any  ticket  presented  by  such  elector  at  such  elec- 
tion ;  or  attempts  to  find  out  the  names  thereon ;  or  suffers 
the  same  to  be  done  by  any  other  person  before  such  ticket 
is  deposited  in  the  ballot  box,  shall  be  fined  in  any  sum  not 
more  than  one  hundred  dollars  nor  less  than  ten  dollars, 
and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  trust  or  profit  for  any  determinate  period.  (R.  S. 
1908  and  1914,  §2575;  R.  S.  1901,  §2338;^  R.  S.  1897,  2378; 
R.  S.  1894,  §2338;  R.  S.  1881,  §2190.) 

261.  Deceiving  Illiterate  Voter. 

275.  Whoever  furnishes  an  elector  who  cannot  read 
the  English  language,  at  any  election  held  pursuant  to  law, 
with  a  ticket  which  such  person  shall  represent  to  such 
elector  as  containing  a  name  different  from  the  one  printed 
or  written  thereon,  shall  be  fined  not  more  than  one  hun- 
dred dollars  nor  less  than  ten  dollars,  and  disfranchised 
and  rendered  incapable  of  holding  any  office  of  trust  or 


232  GEKTEEAL    LAWS 

profit  for  any  determinate  period.  (E.  S.  1908  and  1914, 
§2576;  R.  S.  1901,  §2339;  R.  S.  1897,  §2379;  R.  S.  1894, 
§2339;  R.  S.  1881,  §2191.) 

262.  Defrauding:  Voter. 

276.  Whoever  fraudulently  causes  or  attempts  to  cause 
any  elector,  at  any  election  held  pursuant  to  law  in  this 
State,  to  vote  for  a  person  different  from  the  one  he  in- 
tended to  vote  for,  shall  be  fined  not  more  than  one  hundred 
dollars  -nor  less  than  ten  dollars.  (R.  S.  1908  and  1914, 
§2577;  R.  S.  1901,  §2340;  R.  S.  1897,  §2380;  R.  S.  1894, 
§2340;  R.  S.  1881,  §2192.) 

263.  Using  Violence,  Threats  or  Restraint. 

277.  Whoever,  for  the  purpose  of  influencing  a  voter, 
seeks,  by  violence  or  threats  of  violence  or  threats  to  en- 
force the  payment  of  a  debt;  or  to  eject  or  threatens  to 
eject  from  any  house  he  may  occupy;  or  to  begin  a  crim- 
inal prosecution;  or  to  injure  the  business  or  trade  of  an 
elector;  or,  if  an  employer  of  laborers  or  an  agent  of  such 
employer,  threatens  to  withhold  the  wages  of  or  to  dismiss 
from  service  any  laborer  in  his  employment;  or  refuses  to 
allow  to  any  such  employe  time  to  attend  at  the  place  of 
election  and  vote,  shall  be  fined  not  more  than  one  thousand 
dollars  nor  less  than  twenty  dollars,  imprisoned  in  the  State 
prison  not  more  than  five  years  nor  less  th-an  one  year,  and 
disfranchised  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908 
and  1914,  §2578;  R.  S.  1901,  §2341;  R.  S.  1897,  §2381;  R. 
S.  1894,  §2341 ;  R.  S.  1881,  §2193.) 

264.  Seizing  Ballot  Box. 

278.  Whoever,  at  any  election,  unlawfully,  either  by 
force,  fraud,  or  other  improper  means,  obtains  or  attempts 
to  obtain  possession  of  any  ballot  box,  or  any  ballots  therein 
deposited,  while  the  voting  of  such  election  is  going  on 
or  before  the  ballots  are  duly  taken  out  of  such  ballot  box 
and  counted  by  the  Election  Board  according  to  law,  shall 
be  fined  not  more  than  one  thousand  dollars  nor  less  than 
fifty  dollars,  imprisoned  in  the  State  prison  not  more  than 
five  years  nor  less  than  one  year,  and  disfranchised  and 


I 


CONCERNING    ELECTIONS.  Zoo 

rendered  incapable  of  holding  any  office  of  trust  or  profit 
for  any  determinate  period.  (R.  S.  1908  and  1914,  §2579; 
R.  S.  1901,  §2342;  R.  S.  1897,  §2382;  R.  S.  1894,  §2342;  R. 
S.  1881,  §2194.) 

265.  Destrojdng  Ballot  Box  or  Ballots. 

279.  Wlioever  unlawfully  destroys  or  attempts  to  de- 
stroy any  ballot  box  used,  or  any  ballot  or  vote  deposited, 
or  any  poll  book  kept  at  any  election,  shall  be  fined  not 
more  than  one  thousand  dollars  nor  less  than  fifty  dollars, 
imprisoned  in  the  State  prison  not  more  than  five  years  nor 
less  than  one  year,  and  disfranchised  and  rendered  inca- 
pable of  holding  any  office  of  trust  or  profit  for  any  deter- 
minate period.  (R.  S.  1908  and  1914,  §2580;  R.  S.  1901, 
§2343;  R.  S.  1897,  §2383;  R.  S.  1894,  §2343;  R.  S.  1881, 
§2195.) 

266.  Inducing  Voters  to  Re-sign  Petition. 

280.  Wlioever,  by  persuasion,  menace,  or  reward,  or 
promise  thereof,  induces  or  attempts  to  induce  any  legal 
voter  of  any  county  to  re-sign  any  written  or  printed  peti- 
tion for  the  re-location  of  the  county-seat  of  any  county  or 
any  remonstrance  against  such  re-location,  shall  be  fined 

lot  more  than  five  hundred  dollars  nor  less  than  ten  dollars, 
;o  which  may  be  added  imprisonment  in  the  county  jail  not 
more  than  six  months  nor  less  than  ten  days,  and  he  shall 
be  disfranchised  and  rendered  incapable  of  holding  any  of- 
jfice  of  trust  or  profit  for  any  determinate  period.  (R.  S. 
[1908  and  1914,  §2581;  R.  S.  1901,  §2344;  R.  S.  1897,  §2384; 
S.  1894,  §2344;  R.  S.  1881,  §2196.) 

;267.    Selling  Signature  to  Petition. 

281.  Whoever,  being  a  legal  voter  of  any  county,  sells 
or  barters  or  offers  to  sell  or  barter  for  money,  property, 
or  things  of  value,  or  for  any  promise  or  hope  of  reward, 
given  or  offered  by  any  person,  his  signature  to  any  writ- 
ten petition  for  the  re-location  of  any  county-seat,  or  to  any 
remonstrance  against  such  re-location,  shall  be  fined  not 
more  than  five  hundred  dollars  nor  less  than  ten  dollars, 
to  which  may  be  added  imprisonment  in  the  county  jail  not 


234  GENERAL    LAWS 

more  than  six  months  nor  less  than  ten  days,  and  he  shall 
be  disfranchised  and  rendered  incapable  of  holding  any 
office  of  trust  or  profit  for  any  determinate  period.  (E.  S. 
1908  and  1914,  §2582;  K.  S.  1901,  §2345;  E.  S.  1897,  §2.385; 
E.  S.  1894,  §2345;  E.  S.  1881,  §2197.) 

268.  Fraud  at  Special  Election. 

282.  Whoever  votes  more  than  once  at  any  election  for 
the  re-location  of  any  county-seat,  or  for  aid  to  any  rail- 
road, either  at  the  same  precinct,  or  at  different  precincts, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  convic- 
tion, shall  be  fined  in  any  sum  not  more  than  fifty  dollars 
nor  less  than  ten  dollars.  (E.  S.  1908  and  1914,  §2583;  E. 
S.  1901,  §2346;  E.  S.  1897,  §2386;  E.  S.  1894,  §2346;  E.  S. 
1881,  §2198.) 

269.  Buying  Vote  at  Special  Election. 

283.  Whoever  buys  or  offers  to  buy,  either  by  himself 
or  by  any  other  person,  or  furnishes  any  money  or  any 
other  means  to  be  used,  or  who  shall  permit  his  money  or 
other  means  to  be  used,  to  hire,  buy,  or  induce  any  person  to 
vote  for  or  against  the  removal  of  a  county-seat,  or  for  or 
against  the  appropriation  of  aid  to  any  railroad;  or  who- 
ever attempts  to  induce  any  person  to  vote  for  or  against 
such  removal  or  appropriation,  by  offering  any  reward  or 
favor, — shall  be  deemed  guilty  of  a  misdemeanor.  And 
whoever,  being  a  voter  of  this  State,  sells  or  barters  or 
offers  to  sell  or  barter,  for  any  money  or  property,  or  any- 
thing of  value,  or  any  promise  or  hope  of  reward  given  or 
offered  by  any  person  or  persons,  his  vote  for  the  removal 
or  for  the  re-location  of  a  county-seat,  or  against  such  re- 
moval or  re-location,  or  against  such  appropriation  or  in 
favor  of  such  appropriation  for  said  railroad,  shall  be 
deemed  guilty  of  a  misdemeanor.  And,  upon  conviction  of 
violating  any  provisions  of  this  section,  the  persons  so  of- 
fending shall  be  fined  in  any  sum  not  more  than  one  hun- 
dred dollars  nor  less  than  twenty-five  dollars,  and  disfran- 
chised and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  any  determinate  period  not  exceeding  ^ve 
years.  (E.  S.  1908  and  1914,  §2584;  E.  S.  1901,  §2347;  E. 
S.  1897,  §2387;  E.  S.  1894,  §2347;  E.  S.  1881,  §2199.) 


CONCERNING    ELECTIONS.  235 

270.  Bribing  to  Procure  Election. 

284.  Whoever  gives  or  offers  a  bribe,  threat,  or  reward 
to  procure  his  election  to  any  office  under  the  Constitution 
or  the  laws  of  this  State,  shall  be  fined  not  more  than  one 
thousand  dollars  nor  less  than  fifty  dollars,  and  impris- 
oned in  the  State  prison  not  more  than  five  years  nor  less 
than  one  year;  and  such  person  so  offending,  if  elected  to 
such  office,  shall  be  disqualified  from  holding  office  during 
the  term  for  which  he  may  have  been  elected,  and  also  dis- 
franchised for  any  determinate  period.  (R.  S.  1908  and 
1914,  §2585;  R.  S.  1901,  §2348;  R.  S.  1897,  §2388;  R.  S. 
1894,  §2348;  R.  S.  1881,  §2200.) 

[Acts  1905,  p.  695.     Approved  March  10,  1905.1 

271.  Bribery  of  Election  Officers. 

478.    Whoever,  with  intent  to  corrupt  a  grand  or  petit 
juror  or  a  grand  or  petit   jury,    referee,    master-commis- 
sioner, arbitrator,  umpire,  commissioner  to  sell  lands  or 
to  make  a  partition  of  lands,  appraiser  of  real  estate  or 
personal  property  county  commissioner,  mayor  of  a  city, 
or  member  of  the  Common  Council  or  other  officer  of  any 
city,  or  Trustee  of  any  incorporated  town.  Trustee  of  any 
jcivil  or  school  township,  school  city  or  town,  or  any  In- 
ipector,  Judge  or  Clerk  of  election,  or  to  influence  him  or 
them  with  respect  to  the  discharge  of  his  or  their  duty, 
dther  before  or  after  he  or  they  are  summoned,  elected, 
ippointed,  qualified  or  sworn,  promises  or  offers  him  or 
Lem  any  money  or  valuable  thing;  and  whoever,    either 
)efore  or  after  he  is  summoned,  elected,  appointed,  qualified 
►r  sworn  as  a  grand  or  petit  juror,  referee,  master-commis- 
doner,  arbitrator,  umpire,  commissioner  to  sell  lands  or  to 
'make  partition  of  lands,  appraiser  of  real  estate  or  per- 
sonal property,  county  commissioner,  mayor  of  a  city,  or 
member  of  the  Common  Council  or  other  officer  of  any  city, 
trustee  of  any  incorporated  town,  trustee  of  any  civil  or 
school  township,  school  city  or  town,  or  Inspector,  Judge 
or  Clerk  of  election,  solicits  or  accepts  any  money  or  other 
valuable  thing  to  influence  him  with  respect  to  the  discharge 
of  his  duties  as  such,  shall,  on  conviction,  be  imprisoned  in 
the  State  prison  not  less  than  two  years  nor  more  than  four- 
teen years,  fined  not  exceeding  one  thousand  dollars,  and 


236  GENERAL    LAWS 

disfranchised  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908 
and  1914,  §2379;  R.  S.  1905,  §2123.) 

[Acts  1905,  p.  717.    Approved  March  10,  1905.] 

272.  Betting  on  Elections. 

561.  Whoever  makes  any  bet  or  wager,  or  sells  or  pur- 
chases any  pools  on  the  result  of  any  election  held  under 
the  laws  of  this  State,  or  upon  the  result  of  any  State  elec- 
tion, or  upon  the  election  of  any  person  to  any  office,  post 
or  situation,  or  upon  the  election  of  President  or  Vice-Presi- 
dent of  the  United  States,  or  of  Senators  or  Representa- 
tives in  Congress,  or  of  any  elector  of  President  or  Vice- 
President  of  the  United  States,  or  sells  or  purchases  any 
pools  on  the  result  of  any  horse  race,  or  trial  of  speed  be- 
tween men  or  animals,  or  of  any  game,  shall,  upon  convic- 
tion, be  fined  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars,  to  which  may  be  added  imprisonment  in 
the  county  jail  not  less  than  ten  days  nor  more  than  three 
months.    (R.  S.  1908  and  1914,  §2470;  R.  S.  1905,  §2205.) 

[Acts  1905,  p.  716.    Approved  March  10,  1905.] 

273.  Inducing  Minor  to  Bet  on  Elections. 

559.  Whoever,  being  an  adult,  by  any  device  or  pre- 
tense, entices  any  person  under  the  ag^  of  twenty-one  years, 
knowing  such  person  to  be  a  minor,  to  engage  in  any  game 
whatever  for  money  or  property  of  any  value,  or  plays  or 
bets  at  or  upon  any  game  or  wager,  or  upon  the  result  of 
any  game  or  election,  with  a  minor,  knowing  him  to  be 
such,  shall,  on  conviction,  be  fined  not  less  than  ^ve  dollars 
nor  more  than  one  hundred  dollars,  to  which  may  be  added 
imprisonment  in  the  county  jail  not  less  than  thirty  days 
nor  more  than  one  year.  (R.  S.  1908  and  1914,  §24i38;  R. 
S.  1905,  §2203.) 

[Acts  1905,  p.  721.    Approved  March  10,  1905.] 

274.  Liquor — Selling  on  Election  Day. 

579.  Wlioever  shall  sell,  barter  or  give  away,  to  be 
drunk  as  a  beverage,  any  spirituous,  vinous,  malt  or  otlier 
intoxicating  liquors,  upon  Sunday,  the  Fourth  of  July,  the 


I 


CONCERNING    ELECTIONS,  237 

first  day  of  January,  the  twenty-fifth  day  of  December, 
commonly  called  Christmas,  Thanksgiving  day  as  desig- 
nated by  proclamation  of  the  Governor  of  this  State,  or  the 
President  of  the  United  States,  or  any  legal  holiday  or 
upon  the  day  of  any  state,  county,  township,  primary  or 
municipal  election  in  the  township,  town  or  city  where  the 
same  may  be  holden,  or  between  the  hours  of  eleven  o'clock 
p.  m.  and  five  o'clock  a.  m.,  shall,  on  conviction,  be  fined 
not  less  than  ten  dollars  nor  more  than  fifty  dollars,  to 
which  may  be  added  imprisonment  in  the  county  jail  or 
workhouse  not  less  than  ten  days  nor  more  than  sixty  davs. 
(E.  S.  1908  and  1914,  §2492;  E.  S.  1905,  §2226.)  (See  Sec- 
tion 280.) 

[Acts  1905,  p.  722.     Approved  March  10,  1905.] 

275.  Druggist  Selling  Liquor  on  Election  Day. 

580.  It  shall  be  unlawful  for  any  druggist  or  drug- 
gist's clerk  to  sell,  barter,  or  give  away  any  spirituous, 
vinous,  malt  or  other  intoxicating  liquor  on  Sunday,  or 
upon  the  Fourth  of  July,  the  first  day  of  January,  the  twen- 
ty-fifth day  of  December,  commonly  called  Christmas, 
Thanksgiving  day,  or  any  legal  holiday,  or  upon  the  day 
of  any  State,  county,  township,  primary  or  municipal  elec- 
tion in  the  township,  town  or  city  where  the  same  may  be 
holden,  or  between  the  hours  of  eleven  o'clock  p.  m.  and 
five  o'clock  a.  m.  of  any  day,  unless  the  person  to  whom  the 
sam.e  is  sold,  bartered  or  given  shall  have  first  procured  a 
written  prescription  therefor  from  some  regular  practicing 
physician  of  the  county  where  the  same  is  sold,  bartered 
or  given  away.  And  any  person  so  oifending  shall,  on  con- 
viction, be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  to  which  may  be  added  imprisonment  in  the 
countv  jail  or  workhouse  not  less  than  ten  days  nor  more 
than  sixty  days.  (E.  S.  1908  and  1914,  §2493;  E.  S.  1905, 
§2227.) 

[Acts  1905,  p.  481.    Approved  March  G,  1905.] 

276.  Penalty  for  Selling  or  Offering  to  Sell  Vote. 

2.  Whoever  sells,  barters,  or  offers  to  sell  or  barter 
his  vote  or  offers  to  refrain  from  votina:  for  any  candidate 
for  any  office  to  be  voted  for  at  any  election  held  in  this 


238  GENERAL    LAWS 

State,  either  for  any  money  or  property  or  thing  of  value 
or  for  any  promise  or  favor  or  hope  of  reward,  given  or 
offered  by  any  candidate  to  be  voted  for  at  any  election 
held  in  this  State  or  by  any  other  person  or  persons,  shall 
be  fined  in  any  sum  not  more  than  fifty  dollars  and  dis- 
franchised and  rendered  incapable  of  holding  any  office  of 
trust  or  profit  for  a  period  of  ten  years  from  the  date  of 
such  conviction.  (E.  S.  1908  and  1914,  §2555;  R.  S.  1905, 
§2279.) 

[Acts  1905,  p.  481.    Approved  March  6,  1905.] 

277.  Penalty  for  Buying  Votes. 

1.  That  whoever,  directly  or  indirectly,  hires,  buys  or 
offers  to  hire  or  buy,  or  furnish  any  money  or  other  means 
to  be  used,  or  directs  or  permits  his  money  or  other  means 
to  be  used,  or  handles  any  money  or  other  means,  knowing 
the  same  to  be  used  to  induce,  hire,  or  buy  any  person  to 
vote  or  refrain  from  voting  any  ticket  or  for  any  candidate 
for  any  office,  to  be  voted  for  at  any  election  held  in  this 
State;  or  whoever  attempts  to  induce  any  person  to  vote 
or  to  refrain  from  voting  for  any  candidate  for  any  office 
to  be  voted  for  at  any  election  held  pursuant  to  law  or  at 
any  primary  held  in  this  State,  by  offering  such  person 
any  reward  or  favor,  shall  be  fined  in  any  sum  not  more 
than  fifty  dollars  and  disfranchised  and  rendered  incapable 
of  holding  any  office  of  trust  or  profit  for  a  period  of  ten 
years  from  the  date  of  such  conviction.  (R.  S.  19Q8  and 
1914,  §2554;  R.  S.  1905,  §2278.) 

[Acts  1905,  p.  4S2.     Approved  March  6,  1905.] 

278.  Witnesses. 

3.  Any  person  called  as  a  witness  to  testify  against 
another  for  the  violation  of  any  of  the  provisions  of  Sees.  1 
or  2  of  this  act,  is  a  competent  witness  to  prove  the  offense, 
although  he  may  have  been  concerned  as  a  party,  and  he 
shall  be  compelled  to  testify  as  other  witnesses,  but  such 
evidence  shall  not  be  used  against  him  in  any  prosecution 
for  such  or  any  other  offense  growing  out  of  matters  about 
which  he  testifies,  and  he  shall  not  be  liable  to  trial  by  in- 
dictment or  information  or  punished  for  such  offense.  (R. 
S.  1908  and  1914,  §2556;  R.  S.  1905,  §2280.) 


CONCERNING    ELECTIONS. 


239 


[Acts  1905,  p.  482.     Approved  March  6,  1905.1 

279.  Repeal. 

4.  That  the  act  entitled  ^  ^  An  Act  to  procure  the  purity 
of  general,  special  and  primary  elections  and  conventions, 
prescribing  punishment  for  the  violation  thereof,  and  re- 
ward for  conviction  of  violations  of  the  provisions  there- 
of, and  to  repeal  Sees.  3,  4,  5  and  6  of  an  act  entitled 
'An  Act  concerning  elections  and  nominating  conventions, 
to  maintain  political  purity  an  prescribing  punishment  for 
any  violations  thereof, '  approved  March  9,  1889,  and  an  act 
entitled  *An  Act  to  secure  the  purity  and  freedom  of  the 
ballot  and  to  repeal  Sees.  1,  2,  3  and  5  of  an  act  entitled 
''An  Act  to  protect  the  ballot  box,  to  procure  fair  elections, 
to  prevent  the  purchase  or  sale  of  votes,  to  provide  means 
of  proving  such  offenses,  prescribing  the  penalty  therefor 
and  repealing  Sees.  268  and  269  of  an  act  concerning  public 
offenses  and  their  punishment,''  approved  April  14,  1881, 
being  Sees.  2184  and  2185  of  the  revised  statutes  of  1881, 
and  repealing  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act,  approved  March  9,  1889,  and  an 
Act  concerning  public  offenses  and  their  punishment,  ap- 
proved March  8,  1897,  and  all  laws  and  parts  of  laws  in  con- 
flict with  the  provisions  of  this  act,  approved  March  4, 
1899,'  "  be  and  the  same  is  hereby  repealed.  (R.  S.  1908  and 
1914,  §2557;  R.  S.  1905,  §2281.) 

280.  Holidays — Hours  of  Sale — Cities  or  Towns — Penalty. 

27.  Whoever  shall  barter,  sell  or  give  away,  to  be  drunk 
as  a  beverage,  any  intoxicating  liquors  upon  Sunday,  the 
Fourth  of  July,  the  first  day  of  January,  the  twenty-fifth 
day  of  December,  commonly  called  Christmas,  Thanksgiv- 
ing day,  as  designated  by  proclamation  of  the  governor  of 
this  State  or  the  President  of  the  United  States,  or  any 
legal  holiday,  or  upon  the  day  of  any  State,  County,  Town- 
ship primary,  or  municipal  election  in  the  city,  town  or 
township  where  the  same  may  be  holden,  until  the  polls  are 
closed,  or  in  the  cities  of  the  first  and  second  class,  between 
the  hours  of  12  o'clock  midnight  and  5  o'clock  a.  m.,  or  in 
any  other  cities  between  the  hours  of  11  o'clock  p.  m.  and 
5  o'clock  a.  m.,  or  in  any  other  place  in  the  State  between 
the  hours  of  10  o'clock  p.  m.  and  5  o'clock  a.  m.,  shall,  on 


240  GEXEKAL   LAWS 

conviction  thereof,  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars,  to  which  may  be  added  imprison- 
ment in  the  county  jail  or  workhouse  not  more  than  sixty 
days.  (Acts  1911,  p.  244.  R  S.  1914,  Sec.  8323fl.)  (See 
Sec.  274.) 


COISXERNINO   ELECTIOJfS.  241 

CHAPTER  4. 


281.     When  chosen. 

288. 

282.     Notice—  How  and  by  whom  given. 

289. 

283.    Certificate  to  Marshal. 

2b0. 

284.     Return— Districts. 

291. 

285.     Duty  of  Governor. 

292. 

286.    Affidavit  of  Marshal. 

287.     Deputy  Marshals— Vacancies. 

ELECTORS— PRESIDENTIAL. 

SEC. 

Duties  of  Marshal  and  Secretary  of  State. 
Meeting  of  Electors — Vacancies. 
Vote  of  Electors. 
Pay  of  Electors  and  Marshals. 
Temporary    method    for   nominating   and 
electing  U.  S.  Senators. 

[1  R.  S.  1852,  p.  51G.     Approved  May  20,  1852.     In  force  May  6,  1853.] 

281.  When  Chosen. 

1.  The  qualified  electors  of  the  State  shall,  on  Tues- 
day following  the  first  Monday  in  November,  in  the  year 
1852,  and  on  Tuesday  following  the  first  Monday  in  Novem- 
ber in  every  fourth  year  thereafter,  elect  Electors  of  Presi- 
dent and  Vice-President  of  the  United  States ;  which  elec- 
tion shall,  in  all  respects,  be  governed  by  the  law  regulating 
general  elections.  (R.  S.  1908  and  1914,  §7112;  R.  S.  1901, 
§6340;  R.  S.  1897,  §6642;  R.  S.  1894,  §6340;  R.  S.  1881, 
§4769.) 

282.  Notice — How  and  by  Whom  Given. 

2.  The  Sheriff  of  each  county  shall  give  notice  of  the 
time  of  holding  such  elections,  together  with  the  number 
of  electors  to  be  elected,  by  publishing  such  notice  in  some 
newspaper  within  the  county  or  by  written  or  printed  no- 
tices to  be  set  up  at  the  usual  places  of  holding  elections 
in  the  respective  townships,  at  least  twenty  days  preceding 
the  time  of  holding  such  elections.  (R.  S.  1908  and  1914, 
§7113;  R.  S.  1901,  §6341;  R.  S.  1897,  §6643;  R.  S.  1894, 
§6341  ;R.  S.  1881,  §4770.) 

183.    Certificate  to  Marshal. 

3.  Boards  of  elections  in  the  several  townships  or  pre- 
■cincts  shall  make  out  certificates,  under  their  hands,  cer- 
[tifying  in  words,  the  number  of  votes  that  each  person  re- 
ceived for  Elector;   and  the  same  shall  be  attested  by  the 

[clerks  of  said  election,  sealed  in  the  presence  of  such  judges, 
and  put  in  the  hands  of  the  selected  judges,  who  shall,  on 
the  ensuing  Thursday,  deliver  the  same  to  the  Clerk  of  the 

IG— 1779 


242  GENERAL    LAWS 

Circuit  Court,  or,  in  his  absence,  to  his  deputy,  or  in  their 
absence,  to  the  Sheriff,  who  shall,  in  the  presence  of  such 
judges  in  attendance,  between  the  hours  of  twelve  and  six, 
of  said  day,  compare  the  different  returns,  and  make  out,  in 
words,  a  certificate  of  the  number  of  votes  each  candidate 
for  Elector  received  in  the  county;  which  certificate  shall 
be  signed  by  the  Clerk,  deputy,  or  Sheriff  officiating,  and 
be  sealed  with  the  seal  of  the  Circuit  Court  of  the  county, 
and  delivered  by  such  Clerk,  deputy,  or  Sheriff  to  the  Mar- 
shal appointed  to  convey  the  same  to  the  seat  of  govern- 
ment. (E.  S.  1908  and  1914,  §7114;  R.  S.  1901,  §6342;  R. 
S.  1897,  §6644;  R.  S.  1894,  §6342;  R.  S.  1881,  §4771.) 

284.  Return-Districts. 

4.  Each  congressional  district  shall  compose  one  re- 
turn-district, and  shall  be  numbered  as  the  districts  are 
numbered  when  the  votes  are  taken.  (R.  S.  1908  and  1914, 
§7115;  R.  S.  1901,  §6343;  R.  S.  1897,  §6645;  R.  S.  1894, 
§6343;  R.  S.  1881,  §4772.) 

285.  Duty  of  Governor. 

5.  The  Governor  shall,  before  the  first  day  of  October 
in  each  year  in  which  such  election  is  to  be  held,  appoint 
some  citizen  in  each  district  as  Marshal,  who  shall  hold  his 
office  until  the  duties  required  of  him  by  this  act  are  per- 
formed. (R.  S.  1908  and  1914,  §7116;  R.  S.  1901,  §6344;  R. 
S.  1897,  §6646;  R.  S.  1894,  §6344;  R.  S.  1881,  §4773.) 

286.  Affidavit  of  Marshal. 

6.  Each  Marshal,  before  the  first  Monday  in  Novem- 
ber following,  shall  make  an  affidavit  on  the  back  of  his  ap- 
pointment that  he  will,  without  fraud  or  delay,  perform  the 
duties  required  of  him  by  this  act.  (R.  S.  1908  and  1914, 
§7117;  R.  S.  1901.  §6345;  R.  S.  1897,  §6647;  R.  S.  1894, 
§6345;  R.  S.  1881,  §4774.) 

287.  Deputy  Marshals — Vacancies. 

7.  Such  Marshals  may  appoint  deputies,  who  shall 
make  the  same  affidavit  on  the  back  of  their  appointments 
as  is  required  of  Marshals ;  and  vacancies  occurring  in  the 


CONCERNING.  ELECTIONS.'     •  243 

office  of  Marshal,  by  removal  from  the  State  or  otherwise, 
shall  be  filled  by  the  Judge  of  the  Circuit  Court  of  the  coun- 
ty in  which  such  Marshal  resided.  (R.  S.  1908  and  1914, 
§7118;  R.  S.  1901,  §6346;  R.  S.  1897,  §6648;  R.  S.  1894, 
§6346;  R.  S.  1881,  §4775.) 

288.  Duties  of  Marshal  and  Secretary  of  State. 

8.  Each  Marshal  or  his  deputy  shall  visit  the  county- 
seats  of  the  counties  in  his  district,  receive  the  returns 
thereof  from  the  Clerks,  deputies,  or  Sheriffs  officiating, 
and  deliver  the  same,  on  the  fourth  Monday  in  November 
following,  between  the  hours  of  nine  and  eleven  of  said  day, 
to  the  Secretary  of  State,  who,  in  the  presence  of  the  Gov- 
ernor and  all  the  Marshals  in  attendance,  between  the  hours 
of  twelve  and  six  o'clock  on  said  day,  shall  compare  such 
certificates  and  read  aloud  the  number  of  votes  each  person 
has  received,  and  make  out  an  abstract  of  the  persons  voted 
for,  and  the  number,  in  words,  of  votes  given  to  each ;  and 
the  Governor  shall  forthwith  make  out  and  transmit,  by 
mail,  to  the  persons  having  the  highest  number  of  votes, 
certificates  of  their  election.  But,  if  more  than  the  number 
of  persons  to  be  elected  have  the  greatest  and  an  equal 
number  of  votes,  then  the  election  of  those  having  an  equal 
number  of  votes  shall  be  determined  by  lot,  drawn  by  the 
Secretary  of  State  in  the  presence  of  the  Governor  and  Mar- 
shals. (R.  S.  1908  and  1914,  §7119;  R.  S.  1901,  §6347;  R. 
S.  1897,  §6649;  R.  S.  1894,  §6347;  R.  S.  1881,  §4776.) 

289.  Meeting  of  Electors — Vacancies. 

9.  Such  Electors  shall  assemble  in  the  chamber  of  the 
House  of  Representatives,  on  the  first  Monday  in  Decem- 
ber, or  such  other  day  as  may  be  fixed  by  Congress  to 
elect  such  President  and  Vice-President,  at  the  hour  of  ten 
o'clock  a.  m.,  and  the  Governor  shall  then  and  there  deliver 
to  the  Electors  present  a  certificate  of  the  names  of  all  the 
Electors ;  and  if  any  Elector  fail  to  appear  before  eleven  in 
the  morning  of  said  day,  the  Electors  present  shall  by  bal- 
lot, by  a  majority  of  all  present,  fill  such  vacancy;  which 
election  shall  be  forthwith  certified  by  a  majority  of  the 
Electors  to  the  Governor,  who  shall  immediately  notify 


244  GEKERAL    LAWS 

such  person  of  his  election.  (E.  S.  1908  and  1914,  §7120; 
E.  S.  1901,  r)348;  E.  S.  1897,  §6650;  E.  S.  1894,  §6348;  E. 
S.  1881,  §4777.) 

I.  By  an  Act  of  Congress  the  electors  meet  now  on  the  second  Monday 
in  January  next  following  their  appointment  (or  election)  at  the  place 
where  the  legislature  meets.    2  R.  S.  U.  S.,  p.  527 ;  24  U.  S.  at  Large  373. 

290.  Vote  of  Electors. 

10.  Such  Electors,  when  so  assembled,  and  such  va- 
cancies are  so  filled,  shall  then  and  there  proceed  to  vote,  by 
ballot,  for  President  and  Vice-President  of  the  United 
States,  and  perform  the  duties  required  by  the  Constitution 
and  laws  of  the  United  States.  (E.  S.  1908  and  1914,  §7121 ; 
E.  S.  1901,  §6349;  E.  S.  1897,  §6651;  E.  S.  1894,  §6349;  E. 
S.  1881,  §4778.) 

291.  Pay  of  Electors  and  Marshals. 

II.  The  compensation  of  such  Electors  and  Marshals 
shall  be  audited  by  the  Auditor  of  State,  and  paid  by  the 
State  Treasurer  out  of  any  moneys  not  otherwise  appro- 
priated, as  follows,  to  wit:  Such  Electors  as  attend  shall 
receive  the  same  per  diem  and  mileage  as  members  of  the 
General  Assembly;  each  Marshal  shall  be  allowed  ten  cents 
for  every  mile  he  shall  travel  in  collecting  said  returns,  and 
in  going  to  and  from  the  seat  of  government,  to  be  com- 
puted by  the  nearest  and  most  usual  route  from  county-seat 
to  county-seat,  and  to  the  seat  of  government  to  and  from 
the  county-seat  of  the  county  in  which  he  resides.  (E.  S. 
1908  and  1914,  §7122;  E.  S.  1901,  §6350;  E.  S.  1897,  §6652; 
E.  S.  1894,  §6350;  E.  S,  1881,  §4779.) 

[Public — No.  Ill — 63d  Coxgeess.] 

[S.  2SG0.] 

An  Act  Provicling  a  temporary  method  of  conducting  the  nomination 
and  election  of  United  States  Senators. 

292. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assern 
hied,  That  at  the  regular  election  held  in  any  State  next  pn 
ceding  the  expiration  of  the  term  for  which  any  Senator  was 


i 


CONCERNING   ELECTIONS.  245 

elected  to  represent  sucli  State  in  Congress,  at  wMcli  elec- 
tion a  Eepresentative  to  Congress  is  regularly  by  law  to  be 
chosen,  a  United  States  Senator  from  said  State  shall  be 
elected  by  the  people  thereof  for  the  term  commencing  on 
the  fourth  day  of  March  next  thereafter. 

Sec.  2.  That  in  any  State  wherein  a  United  States  Sen- 
ator is  hereafter  to  be  elected  either  at  a  general  election 
or  at  any  special  election  called  by  the  executive  authority 
thereof  to  fill  a  vacancy,  until  or  unless  otherwise  specially 
provided  by  the  legislature  thereof,  the  nomination  of  can- 
didates for  such  office  not  heretofore  made  shall  be  made, 
the  election  to  fill  the  same  conducted,  and  the  result  thereof 
determined,  as  near  as  may  be,  in  accordance  with  the  laws 
of  such  State  regulating  the  nomination  of  candidates  for 
and  election  of  Members  at  Large  of  the  National  House  of 
Representatives:  Provided,  That  in  case  no  provision  is 
made  in  any  State  for  the  nomination  or  election  of  Repre- 
sentatives at  Large,  the  procedure  shall  be  in  accordance 
with  the  laws  of  such  State  respecting  the  ordinary  execu- 
tive and  administrative  officers  thereof  who  are  elected  by 
the  vote  of  the  people  of  the  entire  State :  And  provided  fur- 
ther, That  in  any  case  the  candidate  for  Senator  receiving 
the  highest  number  of  votes  shall  be  deemed  elected. 

Sec.  3.  That  section  two  of  this  Act  shall  expire  by  limi- 
tation at  the  end  of  three  years  from  the  date  of  its  ap- 
proval.    (Approved  June  4,  1914;) 


246 


GENERAL    LAWS 

CHAPTER  5. 


VOTING  WITH  MACHINES. 


293.  Commission. 

294.  Examine  machines — Report. 

295.  Construction  and  arrangement  of  machine. 

296.  Purchasing  machines. 

297.  Paying  for  machines. 

298.  Penalty  for  bribe. 

299.  School  Commissioners. 

300.  Election  rooms. 

301.  Illiterate  voter. 

302.  Ballot  label. 

303.  Sample  ballots. 

304.  Duties  of  Inspectors. 

305.  Irregular  ballots. 

306.  Conduct  of  voter. 


307.  Announcement  of  result. 

308.  Locking  machine. 

309.  Recording  roll. 

310.  Custody  of  keys. 

311.  Laws  applicable. 

312.  Officers — Neglect  of  duty — Penalties. 

313.  Injuring  machine  or  ballots. 

314.  False  affidavit. 

315.  Using  distinguishing  marks — Penalties. 

316.  Officers  tampering  with  machine — Penalty. 

317.  False  returns — Penalty. 

318.  Cities  and  towns  may  use  machines. 

319.  Experimental  use. 

320.  Printing  ballots,  when. 


[Acts  1901,  p.  591.     Approved  and  in  force  March  15,  1901.] 

293.    Commission. 

1.  There  is  hereby  constituted  a  body  to  be  known  as 
the  Indiana  Voting  Machine  Commission.  It  shall  con- 
sist of  three  members,  competent  and  responsible  persons, 
one  of  whom  shall  be  a  mechanical  expert,  not  more  than 
two  of  whom  shall  be  members  of  the  same  political  party, 
and  none  of  whom  shall  have  any  pecuniary  interest  in  any 
voting  machine.  Their  term  of  office  shall  be  four  years 
from  date  of  appointment.  They  and  their  successors 
shall  be  appointed  by  the  Governor,  who  shall  have  power 
to  remove  a  Commissioner  at  any  time  and  to  fill  all  vacan- 
cies. The  first  Commissioner  shall  be  appointed  within 
thirty  days  after  the  taking  effect  of  this  act.  The  Com- 
missioners shall  qualify  by  taking  an  oath  in  writing  to 
support  the  Constitution  of  the  United  States  and  of  the 
State  of  Indiana,  and  to  faithfully  and  honestly  discharge 
their  duties  and  filing  the  same  in  the  office  of  the  Auditor 
of  State,  and  all  such  examinations  shall  be  public.  (R.  S. 
1908  and  1914,  §7021;  R.  S.  1901,  §6326.) 


294.    Examine  Machines — Report. 

2.  Any  person  or  corporation  owning  or  being  inter- 
ested in  any  voting  machine  may  apply  to  said  Commis- 
sion to  examine  such  machine  and  report  on  its  accuracy, 
efficiency  and  capacity.  The  Commissioners  shall  examine 
the  machine  and  make  and  file  a  report  thereon  in  the  office 


CONCERNING    ELECTIONS.  247 

of  the  Secretary  of  State.  They  shall  state  in  the  report 
whether  the  kind  of  machine  so  examined  complies  with 
the  requirements  of  this  act  and  can  be  safely  used  by 
voters  at  elections  under  the  conditions  prescribed  in  this 
act.  If  the  report  be  in  the  affirmative  upon  said  ques- 
tions, the  machine  shall  be  deemed  approved  by  the  Com- 
mission, and  machines  of  its  kind  may  be  adopted  for  use 
at  elections  as  herein  provided.  When  the  machine  hasi 
been  so  approved,  any  improvement  or  change  that  does 
not  impair  its  accuracy,  efficiency  or  capacity  shall  not  ren- 
der necessary  a  re-examination  or  re-approval  thereof. 
Any  form  of  voting  machine  not  so  approved  can  not  be 
used  at  any  election.  Each  Commissioner  shall  be  entitled 
to  fifty  dollars  ($50)  for  his  compensation,  and  expenses,  in 
making  such  examination  and  report,  to  be  paid  by  the  per- 
son or  corporation  applying  for  such  examination,  which 
may  be  demanded  in  advance  of  making  the  examination. 
The  Commission  may,  if  it  consents  to  do  so,  go  to  any 
point  in  the  State  for  the  purpose  of  examining  a  machine, 
but  it  shall  not  be  compelled  to  make  such  examination  at 
any  place  other  than  the  capital  of  the  State.  (R.  S.  1908 
and  1914,  §7022;  R.  S.  1901,  §6327.) 

295.    Construction  and  Arrangement  of  Machine. 

3.  No  machine  shall  be  approved  by  the  Commission- 
ers unless  it  be  so  constructed  as  that  it  affords  each 
elector  an  opportunity  to  vote  in  absolute  secrecy;  to  vote 
a  straight  party  ticket,  or  part  of  one  party  ticket  and  part 
of  another  or  other  party  tickets ;  to  vote  for  all  candidates 
for  whom  he  is  entitled  to  vote,  and  prevents  him  from  vot- 
ing for  any  candidate  more  than  once;  that  prevents  the 
elector  from  voting  for  more  than  one  person  for  the  same 
office  unless  he  is  lawfully  entitled  to  vote  for  more  than 
one  person  therefor,  and  in  that  event  permits  him  to  vote 
for  as  many  persons  for  that  office  as  he  is  by  law  entitled, 
and  no  more ;  and  that  such  machine  will  correctly  register 
by  means  of  mechanical  counters  every  vote  cast  on  the 
regular  tickets  thereon ;  that  the  machine  shall  be  provided 
with  seven  pairs  of  **yes''  or  *^no''  counters  with  the  oper- 
ating or  voting  devices  therefor,  and  shall  have  the  capac- 
ity to  contain  the  tickets  of  seven  political  parties  with  the 
names  of  all  candidates  thereon,  except  that  it  may  be  so 


248  QE&rEEAL    LAWS 

constructed  that  the  names  of  all  candidates  for  presiden- 
tial electors  will  not  occur  thereon,  but  in  lieu  thereof  one 
ballot  labeled  in  each  party  columns  or  rows  shall  contain 
only  the  words  ^^Presidential  Electors '*  preceded  by  the 
party  name ;  and  every  vote  ^registered  for  such  ballot  label 
shall  operate  as  a  vote  for  all  candidates  of  such  party  for 
presidential  electors  and  shall  be  counted  as  such ;  and  that 
all  votes  cast  on  the  machine  on  a  regular  ballot  or  ballots 
shall  be  registered.  It  shall  also  be  so  constructed  as  that 
any  elector  may  by  means  of  irregular  ballots  or  otherwise 
vote  for  any  person  for  any  office  although  such  person  may 
not  have  been  nominated  by  any  party  and  his  name  may 
not  appear  on  such  machine;  and  that  when  a  person  is 
voted  for  for  any  such  office,  when  name  does  not  appear  on 
the  machine,  the  elector  can  not  vote  for  any  name  on  the 
machine  for  the  same  office.  It  shall  be  so  constructed  as 
that  each  elector  may  readily  understand  and  understand- 
ingly  and  within  the  period  of  one  minute  cast  his  vote  for 
all  candidates  of  his  choice.  In  case  the  machine  is  so  con- 
structed as  that  the  candidates  for  presidential  electors  of 
any  party  can  only  be  voted  for  by  voting  for  the  ballot  la- 
bel containing  the  words  **  Presidential  Electors, '^  it  must  be 
so  constructed  as  that  by  voting  an  irregular  ticket  as  here- 
inafter defined,  the  elector  may  vote  for  any  person  or  per- 
sons he  may  choose  for  presidential  electors.  The  machine 
must  be  provided  with  a  lock  or  locks,  by  the  use  of  which 
any  movement  of  the  voting  or  registering  mechanism  is  ab- 
solutely prevented,  and  so  that  it  can  not  be  tampered  with 
or  manipulated  for  any  fraudulent  purpose;  and  the  ma- 
chine must  be  susceptible  of  being  so  closed  during  the  prog- 
ress of  the  voting  as  that  no  person  can  see  or  know  the 
number  of  votes  registered  for  any  candidate.  (R.  S.  1908 
and  1914,  7023 ;  R.  S.  1901,  §6328.) 

[Acts  1903,  p.  278.    In  force  April  22,  1903.] 

296.    Purchasing  Machines. 

4.  The  Board  of  Commissioners  of  every  county  in  this 
State  in  which  is  located  a  city  having  a  population  of 
thirty-six  thousand  or  more,  according  to  the  last  preceding 
United  States  census,  shall  and  the  Board  of  Commission- 
ers of  all  other  counties  in  this  State  may,  adopt  and  pur- 


] 


CONCERNING   ELECTIONS.  249 

chase  or  procure  for  use  in  the  various  precincts  of  the 
county,  any  voting  machine  approved  in  the  manner  above 
set  forth  in  this  act  by  the  Voting  Machine  Commission, 
and  none  other:  Provided,  That  the  Board  of  Commis- 
sioners shall  purchase  or  procure  no  voting  machine  unless 
the  party  or  parties  selling  it  shall  guarantee,  in  writing,  to 
keep  the  machine  in  working  order  for  not  less  than  five 
(5)  years  without  additional  cost  to  the  county,  and  give 
a  bond  conditional  to  that  effect ;  but  it  shall  be  the  duty  of 
such  Board  of  Commissioners  to  adopt  and  purchase  or  pro- 
cure no  such  machine  unless  they  are  themselves  satisfied 
that  it  complies  with  the  requirements  of  Sec.  3  of  this  act ; 
and  that  it  is  thoroughly  reliable  and  correct  in  its  opera- 
tion, readily  understood  and  operated,  can  not  be  fraudu- 
lently manipulated,  and  will  unquestionably  maintain  the 
secrecy  of  the  ballot.  If  it  shall  be  impossible  to  supply 
each  and  every  election  district  with  a  voting  machine,  or 
voting  machines,  at  any  election  following  the  adoption 
of  such  machines  in  a  county,  as  many  may  be  supplied  as 
it  is  possible  to  procure,  and  the  same  shall  be  used  in 
such  precincts  of  the  county  as  the  Board  of  Commission- 
ers shall  order.  The  precincts  in  which  voting  machines 
are  used  shall  contain  as  near  as  practicable  six  hundred 
voters:  Provided,  This  number  of  voters  may  be  reduced 
in  country  precincts  at  the  discretion  of  the  County  Com- 
missioners. The  boundaries  of  such  precincts  shall  be  es- 
tablished by  the  Board  of  Commissioners  not  later  than 
their  regular  June  session  of  the  year  in  which  a  general 
election  occurs  in  this  State,  and  the  order  of  the  Board  of 
Commissioners  for  the  use  of  voting  machines  in  such  pre- 
cincts shall  be  made  at  the  same  time  that  the  boundaries 
are  so  established;  and  said  boundaries  shall  not  be 
changed,  nor  said  order  rescinded,  after  such  June  ses- 
sion of  the  Board  of  Commissioners  until  after  the  next  en- 
suing general  election:  Provided,  That  if  for  any  reason, 
it  should  turn  out  to  be  impossible  to  obtain  machines  for 
use  in  such  precincts,  then  the  same  may  be  provided  or 
changed  so  as  to  conform  to  the  law  with  reference  to  pre- 
cincts in  which  machines  are  not  used;  and  the  notice  of 
such  division  or  change  shall  be  given  in  the  manner  pre- 
scribed by  law  for  notices  of  change  of  precinct  boundaries  ; 
and,  Provided  further,  That  if  the  Board  of  County  Com- 


250  .      GENERAL    LAWS 

missioners  shall  have  on  hand,  and  certainly  ready  for  use 
at  the  election,  more  machines  than  precincts  have  been 
provide  for,  they  may,  at  any  regular  or  special  session 
not  later  than  the  first  day  of  September  in  any  year  in 
which  a  general  election  is  held,  unite  two  or  more  pre- 
cincts into  one  for  the  purpose  of  using  therein  at  such 
election  a  voting  machine,  and  notice  of  such  uniting  shall 
be  given  in  the  manner  prescribed  by  law  for  notice  of 
change  in  the  precinct  boundaries.  And  the  order  for  use 
of  machines  in  such  united  precincts  shall  be  made  by  the 
Board  of  County  Commissioners  at  the  time  such  precincts 
are  united.  The  Board  of  County  Commissioners  shall  have 
the  care  and  custody  of  all  machines  while  not  in  use.  (R. 
S.  1908  and  1914,  §7024;  Acts  1903,  p.  278;  R.  S.  1905, 
§6329.) 

297.  Paying  for  Machines. 

5.  Payment  for  voting  machines  purchased  or  pro- 
cured may  be  provided  for  in  such  manner  as  is  deemed 
best  for  the  interests  of  the  county.  Money  may  be  bor- 
rowed for  the  purpose,  and  bonds  or  other  evidences  of  in- 
debtedness of  the  county  be  issued  and  sold  in  the  same 
manner  and  upon  the  authority  prescribed  by  law.  (R.  S. 
1908  and  1914,  §7025;  Acts  1913,  p.  278;  R.  S.  1905,  §6330.) 

298.  Penalty  for  Bribe. 

3.  Any  member  of  any  Board  of  County  Commis- 
sioners of  any  county  who  shall  receive  or  accept,  directly 
or  indirectly,  any  money,  property  or  other  thing  of  value 
for  his  influence,  vote  or  action  in  connection  with  the  pur- 
chase of  any  voting  machine  or  voting  machines  by  such 
county  from  any  person,  firm  or  corporation  shall  be  fined 
in  a  sum  not  to  exceed  three  thousand  ($3,000.00)  dollars, 
to  which  may  be  added  imprisonment  in  the  State's  prisoi 
for  a  term  of  two  to  four  years  and  shall  also  be  disfran- 
chised for  a  period  of  ten  years.  (R.  S.  1908  and  1914^ 
§7026;  Acts  1903,  p.  278;  R.  S.  1905,  §6330a.) 

299.  School  Commissioners. 

4.  In  the  elections  in  which  there  shall  be  School  Com- 
missioners to  be  elected,  the  proper  Board  of  Election  Com- 


OONCEKNING    ELECTIONS.  251 

missioners  shall  arrange  the  names  of  candidates  for  School 
Commissioners  in  order  on  the  several  machines  in  such  a 
way,  as  far  as  possible,  that  the  name  of  each  candidate 
shall  appear  at  the  head  of  the  column  for  his  term  of  office 
as  often  as  that  of  any  other  such  candidate  shall  so  appear, 
and  in  second,  third  and  fourth  place,  and  each  succeeding 
place,  a  like  number  of  times.  (E.  S.  1908  and  1914,  §7027 ; 
R.  S.  1905,§6330b.) 

300.  Election  Rooms. 

6.  The  room  in  which  the  election  is  held  shall  have  a 
railing  separating  the  part  of  the  room  to  be  occupied  by 
the  Election  Board  from  that  part  of  the  room  occupied  by 
the  voting  machine.  The  exterior  of  the  voting  machine 
and  every  part  of  the  polling  place  shall  be  in  plain  view 
of  the  Election  Board.  The  machine  shall  be  so  placed  as 
that  no  person  on  the  opposite  side  of  the  railing  can  see 
or  determine  how  the  voter  casts  his  vote.  And  that  no 
person  can  see  or  determine  from  the  outside  of  the  room. 
After  the  opening  of  the  polls  neither  the  Inspector  nor 
any  Judge  of  the  election  shall  allow  any  person  to  pass 
within  the  railing  to  the  part  of  the  room  where  the  ma- 
chine is  situated,  except  for  the  purpose  of  voting,  except 
as  provided  in  the  next  succeeding  section  of  this  Act ;  and 
they  shall  not  permit  more  than  one  voter  at  a  time  to  be  in 
such  part  of  the  room.  They  shall  not  themselves  remain 
or  permit  any  person  to  remain  in  any  position  or  near  any 
position  that  would  permit  him  to  see  or  ascertain  how  the 
voter  votes  or  how'  he  has  voted.  No  voter  shall  remain 
within  the  voting  booth  or  compartment  longer  than  one 
minute,  and  if  he  should  refuse  to  leave  it  after  the  lapse 
of  that  time,  he  shall  at  once  be  removed  by  the  Election 
Board  or  Election  Sheriff  or  Sheriffs  upon  the  order  of  the 
Board.    (R.  S.  1908  and  1914,  §7028;  R.  S.  1901,  §6331.) 

301.  Illiterate  Voter. 

7.  If  any  voter  shall  in  the  presence  of  the  Election 
Board  make  affidavit  in  writing  that  he  is  unable  to  read 
the  English  language  or  that  by  reason  of  physical  disa- 
bility, setting  out  the  particulars  in  which  said  physical 
disability  exists,  he  is  unable  to  register  his  vote  upon  the 


252  GENERAL   LAWS 

machine,  he  shall  be  accompanied  into  the  voting  booth  b; 
both  of  the  Election  Clerks,  and  there  declare  his  choice  o 
candidate  to  such  clerks,  who,  in  his  presence  and  in  the 
presence  of  each  other,  shall  register  his  vote  upon  the  ma- 
chine for  the  candidates  of  his  choice. 

Any  Poll  Clerk  or  Poll  Clerks  who  shall  deceive  any 
elector  in  registering  his  vote  under  this  section,  or  who 
shall  register  his  vote  in  any  other  way  than  as  requested 
by  such  person,  or  who  shall  give  information  to  any  per- 
son as  to  what  ticket  or  for  what  person  or  persons  such 
person  voted,  shall  be  guilty  of  a  felony,  and  on  conviction 
shall  be  imprisoned  in  the  penitentiary  not  more  than  five 
nor  less  than  two  years,  and  disfranchised  for  any  determin- 
ate period  not  less  than  five  years.  (R.  S.  1908  and  1914, 
§7029;  R.  S.  1901,  §6332.) 


302.  Ballot  Label. 

8.  That  portion  of  cardboard,  paper,  or  other  material, 
placed  on  the  front  of  the  machine  containing  the  names 
of  the  candidates,  or  a  statement  of  a  proposed  constitu- 
tional amendment  or  other  question  or  proposition  to 
voted  on,  shall  be  known  in  this  Act  as  a  ballot  label.     Th 
ballot  label  shall  be  caused  to  be  printed  and  shall  be  fur- 
nished by  the  County  Board  of  Election  Commissioners, 
and  shall  be  printed  in  black  ink  on  clear  white  material  o 
such  size  as  will  fit  the  machine,  and  in  plain,  clear  type  a 
the  space  will  reasonably  permit.     The  party  device  fo 
such  political  party,  which  has  been  adopted  in  accordanc 
with  law,  and  the  party  name  or  other  'designation  shall  be 
prefixed  to  the  list  of  candidates  of  such  party.     (R.  S.  1901 
and  1914,  §7030;  R.  S.  1901,  §6333.) 

303.  Sample  Ballots. 

9.  The  State  Board  of  Election  Commissioners  sha 
cause  to  be  printed,  for  the  use  of  the  County  Board  o; 
Election  Commissioners  of  the  several  counties  of  the  Stat 
five  sample  ballots,  which  shall  be  exact  copies  of  the  o 
cial  ballots  which  are  caused  to  be  printed  by  them,  but  o 
different  colored  paper  from  the  official  ballots;  said  sam- 
ple ballots  shall  be  enclosed  in  a  separate  wrapper  or  e 
velope  from  that  of  other  papers  delivered  by  the  Stat 


1 


1 


COIS'CEKXIXO   ELECTIONS.  253 

Board  of  Election  Commissioners  to  the  Clerk  of  the  Cir- 
cuit Court  or  his  messenger,  and  shall  be  directed  to  the 
County  Board  of  Election  Commissioners;  and  they  shall 
be  delivered  to  the  Clerk  of  the  Circuit  Court  or  other  mes- 
senger who  carries  the  official  ballots  from  the  State  Board 
of  Election  Commissioners  to  the  county,  and  shall  be  by 
him  carried  to  the  office  of  the  Clerk  of  the  Circuit  Court  of/ 
the  county  and  there  deposited  and  kept  until  taken  into  the 
custody  of  the  County  Board  of  Election  Commissioners. 
The  County  Board  of  Commissioners  shall  provide  at 
least  five  sample  ballots  for  each  precinct  of  the  county  in 
which  a  voting  machine  is  to  be  used,  which  shall  be  ar- 
ranged in  the  form  of  a  diagram  showing  the  entire  front 
of  voting  machine  as  it  wall  appear  after  the  ballot  labels 
are  arranged  thereon  for  voting  on  election  day.  The  party 
ticket  on  such  sample  ballots,  the  offices  to  be  filled  and  the 
names  of  the  candidates  thereon,  shall  be  arranged  in  the 
same  order  in  which  they  occur  on  the  official  ballots  print- 
ed under  the  jurisdiction  respectively  of  the  State  and 
County  Board  of  Election  Commissioners,  except  where 
presidential  electors  are  to  be  voted  for  at  any  election  and 
the  machine  to  be  used  is  not  sufficient  to  carry  the  names 
of  all  the  candidates  for  such  electors,  then  there  may  be 
placed  as  the  first  ballot  label  of  each  party  ticket,  a  ballot 
containing  the  words  ^^Presidential  Electors,''  preceded  by 
the  name  of  the  political  party.  The  ticket  of  each  political 
party  on  such  sample  ballot  shall  be  arranged  in  the  follow- 
ing order :  First,  the  State  ticket  or  ticket  voted  for  by  the 
whole  State ;  second,  the  county  ticket,  and  third,  the  town- 
ship ticket,  if  any.  In  all  cases  the  ticket  shall  be  arranged 
on  the  machine  for  the  purpose  of  voting  in  exact  accord- 
ance with  the  sample  ballot  so  furnished  by  the  County 
Board  of  Election  Commissioners.  At  least  three  of  such 
sample  ballots  shall  be  posted  by  the  Inspector  of  the  pre- 
cinct or  under  his  direction  near  the  entrance  of  the  chute 
at  the  election  precinct,  and  shall  there  be  open  to  public 
inspection  during  the  whole  of  election  day.  In  addition 
to  said  sample  ballots  the  Board  of  Election  Commissioners 
may  furnish  in  connection  with  instruction  cards,  diagrams 
of  the  front  of  the  machine  with  ballot  labels  pasted  there- 
on, at  least  two  of  which  shall  also  be  posted  up  near  the 
voting  place  if  furnished.  (R.  S.  1908  and  1914,  §7031;  R. 
S.  1901,  §G334.) 


254  GENEEAL    LAWS 


304.    Duties  of  Inspectors. 

10.     The  Inspector  of  each  election  precinct  in  which  a 
voting  machine  is  to  be  used,  shall  appear  at  the  office  of 
the  Clerk  of  the  Circuit  Court  not  more  than  three  nor  less 
than  two  days  before  the  election,  and  there  receive  fiom 
the  County  Board  of  Election  Commissioners  the  sample 
'  ballots,  three  complete  sets  of  ballot  labels,  and  all  jjoli 
books,  and  other  supplies  of  whatever  character  necessary 
to  conduct  the  election  in  his  precinct,  and  make  return 
thereof.     The   County  Board  of  Election  Commissioners 
shall,  before  the  day  of  election,  cause  the  proper  ballot  la- 
bels to  be  put  upon  each  machine  corresponding  with  the 
sample  ballot  herein  provided  for,  and  the  machine  in  every 
way  to  be  put  in  order,  set  and  adjusted,  ready  for  use  in 
voting  when  delivered  at  the  precinct ;  and  for  the  purpose 
of  so  labeling  the  machine,  putting  in  order,  setting  and 
adjusting  the  same,  they  may  employ  one  or  more  compe- 
tent persons  and  cause  him  or  them  to  be  paid  out  of  the 
county  treasury  in  the  same  manner  that  other  expenses  in- 
curred by  the  said  Board  are  paid.     And  the  Board  of 
County  Commissioners  shall  cause  the  machine  so  labeled, 
in  order,  set  and  adjusted,  to  be  delivered  at  the  voting  pre- 
cinct, together  with  all  necessary  furniture  and  appliances 
that  go  with  the  same  in  the  room  where  the  election  is  to 
be  held  in  the  precinct,  not  later  than  six  o'clock  p.  m.  of 
the  day  preceding  the  election.     After  the  delivery  of  such 
machine  and  on  the  same  day  the  Inspector  and  Election 
Judges  of  the  precinct  may  meet  at  said  room,  open  th 
package  containing  the  sample  ballots  and  if  necessary  tb 
ballot  labels,  and  see  that  said  machine  is  correctly  labele 
set  and  adjusted,  ready  for  use  in  voting;  and  if  the  sam< 
is  not  so  labeled,  set  and  adjusted  and  in  order,  they  sha 
immediately  label,  set  and  adjust  the  same  and  place  it 
order  or  cause  it  to  be  done.     On  the  morning  of  the  ele 
tion  the  Election  Board,  including  the  Inspector,  Judge 
Poll  Clerks  and  Sheriffs,  if  any,  shall  meet  at  said  room 
least  one  hour  before  the  time  for  opening  the  polls.     Th 
Inspector  shall  then  cause  the  chute  on  the  outside  of  tb 
building  to  be  erected,  sample  ballots  and  instruction  card 
to  be  posted,  and  everything  put  in  readiness  for  the  com 
mencement  of  voting  at  the  hour  of  opening  the  polls.    The 
Election  Boards,  in  the  presence  of  the  clerks,  shall  co: 


^^^HH 


I 


CONCERNING    ELECTIONS.  255 

pare  the  ballot  labels  on  the  machine  with  the  sample  bal- 
lot, see  that  they  are  correct,  examine  and  see  that  all  the 
counters  in  the  machine  are  set  at  zero,  and  that  the  ma- 
chine is  otherwise  in  perfect  order,  and  they  shall  not  there- 
after permit  the  counters  to  be  operated  or  moved  except 
by  electors  in  voting,  and  they  shall  also  see  that  all  neces- 
sary arrangements  and  adjustments  are  made  for  voting  ir- 
regular ballots  on  the  machine.  (R.  S.  1908  and  1914, 
§7032;  E.  S.  1901,  §6335.) 

305.  Irregular  Ballots. 

lOJ.  Ballots  voted  for  any  person  whose  name  does 
not  appear  on  the  ballot  label  on  the  machine  as  a  candidate 
for  office,  are  herein  referred  to  as  irregular  ballots.  Where 
two  or  more  candidates  are  to  be  elected  to  the  same  office 
the  voting  devices  belonging  to  all  the  candidates  for  said 
offices  shall  be  included  in  a  group  herein  referred  to  as 
a  multicandidate  group.  Except  for  presidential  electors, 
and  except  in  multicandidate  groups,  where  the  irregular 
balloting  device  requires  otherwise,  no  irregular  ballot  shall 
be  voted  for  any  person  for  any  office  whose  name  appears 
on  the  ballot  label  on  the  front  of  the  machine  as  a  candi- 
date for  that  office ;  any  irregular  ballot  so  voted  shall  not 
be  counted.  An  irregular  ballot  must  be  cast  in  its  appro- 
priate place  on  the  machine,  or  it  shall  be  void  and  not 
counted. 

In  voting  for  presidential  electors  an  elector  may  vote 
an  irregular  ticket,  made  up  of  the  names  of  persons  in 
nomination  by  different  parties  or  partially  of  the  names 
of  persons  so  in  nomination  and  partially  of  persons  not  in 
nomination,  or  wholly  of  names  of  persons  not  in  nomina- 
tion by  any  party.  Such  irregular  ballot  shall  be  depos- 
ited, written  or  affixed  in  or  upon  the  receptacle  or  device 
provided  on  the  machine  for  that  purpose.  (R.  S.  1908  and 
1914,  §7033;  E.  S.  1901,  §6335a.) 

306.  Conduct  of  Voter. 

11.  When  a  voter  has  passed  the  challengers  and  en- 
tered the  election  room  he  shall  announce  his  name  to  the 
Poll  Clerks  in  the  presence  of  the  Board  and  each  of  the 


256 


GENERAL    LAWS 


I 


Poll  Clerks  shall  write  Ms  name  on  the  poll  book  in  bis  po 
session.  If  not  challenged  by  any  member  of  the  Board,^ 
the  voter  shall  then  be  permitted  to  pass  the  railing  to  the 
side  where  the  machine  is  and  into  the  voting  booth  or 
compartment,  and  he  shall  there  register  his  vote  in  secret. 
Having  done  so  he  shall  immediately  pass  out  and  an- 
nounce to  the  clerks  that  he  has  voted,  who  shall  write  op- 
posite his  name  ^* voted,''  and  he  shall  leave  the  room.  Notai 
more  than  one  voter  at  a  time  shall  be  permitted  on  the  sidBI 
of  the  railing  where  the  machine  is,  and  not  more  than  one 
other  voter  shall  be  permitted  in  the  room  while  he  is  in. 
And  not  more  than  one  voter  besides  the  Election  Board, 
Clerks  and  Sheriffs,  shall  be  permitted  in  the  room  at  a 
time,  if  any  member  of  the  Election  Board  objects  thereto. 
(E.  S.  1908  and  1914,  §7034;  E.  S.  1901,  §6335b.) 

307.    Announcement  of  Result. 

12.     As  soon  as  the  polls  of  the  election  are  closed  the 
Inspector  in  the  presence  of  the  Judges  and  Poll  Clerks, 
shall  immediately  lock  the  voting  machine  against  votin; 
and  open  the  counting  compartment,  giving  full  view  o: 
all  the  counter  numbers  to  all  members    of   the   Electio 
Board,  including  Poll  Clerks  and  Sheriffs.     The  Inspector 
shall,  in  the  order  of  the  offices  as  their  titles  are  arrange 
on  the  machine,  read  and  announce  in  distinct  tones  the  r 
suit  as  shown  by  the  counter  numbers,  and  shall  then  rea 
the  votes  recorded  for  each  office  on  the  regular  ballots.     K 
shall  also  in  the  same  manner  announce  the  vote  on  eae 
constitutional  amendment,  proposition  or  other  questio 
voted  on.     The  vote  so  announced  by  the  Inspector  shall  b 
taken  down  by  each  of  the  Poll  Clerks  and  recorded  o 
books  or  papers  prepared  for  that  purpose.      They  sha 
record  the  number  of  votes  received  for  each  candidate  o 
the  regular  ticket  and  also  the  number  received  by  eac 
person  on  the  irregular  ticket.    The  certificates  of  the  nu 
ber  of  votes  cast  for  each  person  shall  be  made  and  signe 
as  required  by  law  in  case  of  other  election  returns,  and  al 
statements  of  the  number  of  votes  required  by  law  in  dupll 
cate,  triplicate  or  otherwise,  shall  be  made,  signed  by  tb 
election  officers.     And  such  certificates  and  other  paper 
shall  be  returned  to  the  office  of  the  Clerk  of  the  Circui 


PI 

I 


CONCERNING    ELECTIONS. 


257 


Court,  and  to  the  Board  of  Canvassers  in  the  same  manner, 
under  the  same  regulations  and  penalties  as  are  prescribed 
by  law  for  election  returns  from  precincts  in  which  no  vot- 
ing machine  is  used.  (R.  S.  1908  and  1914,  §7035;  R.  S. 
1901,  §6335c.) 

308.  Locking  Machine. 

13.  The  Inspector  as  soon  as  the  count  is  completed 
and  fully  ascertained  as  in  this  Act  required,  shall  close 
and  lock  the  machine  against  voting  or  being  tampered 
with,  and  it  shall  so  remain  for  a  period  of  at  least  thirty 
days.  When  irregular  ballots  have  been  voted  the  Inspector 
shall  return  all  of  such  ballots  in  a  properly  secured  sealed 
package,  endorsed  ^ irregular  ballots,'^  and  indicating  the 
precinct  and  county  and  file  such  package  with  the  Clerk 
of  the  Circuit  Court.  It  shall  be  preserved  for  six  months 
after  such  election,  and  may  be  opened  and  its  contents 
examined  only  upon  an  order  of  a  court  of  competent  juris- 
diction; at  the  end  of  six  months,  unless -ordered  otherwise 
by  the  Court,  such  package  and  its  contents  may  be  de- 
stroyed.    (R.  S.  1908  and  1914,  §7036;  R.  S.  1901,  §6335d.) 

309.  Recording  Roll. 

14.  A  voting  machine  which  possesses  all  of  the  quali- 
ties required  by  this  Act  may  be  supplied  in  addition,  with 
a  paper  recording  roll  on  which  all  the  votes  registered 
on  the  mechanical  counters  will  be  separately  recorded  on 
such  roll.  When  a  machine  is  supplied  with  such  roll  the 
same  shall  not  be  taken  out  or  examined  by  the  Election 
Board  who  makes  the  return  from  the  precinct,  but  such 
machine  shall  be  locked  with  such  roll  therein,  and  so  re- 
main for  the  period  of  at  least  thirty  days  unless  within 
that  time  the  machine  be  ordered  opened  and  the  roll  taken 
out  and  examined  by  some  court  of  competent  jurisdiction. 
At  the  end  of  such  thirty  days  such  roll  may  be  taken  out 
unless  otherwise  ordered  by  a  court  of  competent  jurisdic- 
tion.    (R.  S.  1908  and  1914,  §7037;  R.  S.  1901,  §6335e.) 

310.  Custody  of  Keys. 

14J.  When  the  machine  is  locked  at  the  close  of  an  elec- 
tion in  the  manner  required  by  this  Act,  the  Inspector  shall 

17—1779 


258 


GEKERAL    LAWS 


place  all  keys  of  the  machine  on  a  strong  and  sufficient 
string  of  wire,  label  the  same  with  the  make  and  number 
of  the  machine  and  precinct  at  which  used  at  such  election, 
and  return  such  keys  to  the  Auditor  of  the  county  not  later 
than  ten  o'clock  a.  m.  of  the  Thursday  following  the  elec- 
tion. The  Auditor  shall  securely  keep  such  keys  and  not 
permit  the  same  to  be  taken,  or  any  voting  machine  un- 
locked, for  a  period  of  thirty  days  from  the  election  unless 
ordered  otherwise  by  a  court  of  competent  jurisdiction.  At 
the  end  of  such  thirty  days  he  shall  turn  all  keys  over  to 
the  Board  of  Commissioners  unless  otherwise  ordered  by 
Court.     (R.  S.  1908  and  1914,  §7038;  R.  S.  1901,  §6335f.) 

311.  Laws  Applicable.  ^ 

15.  All  laws  of  this  State  applicable  to  elections  where 
voting  is  done  in  other  manner  than  by  machines  and  all 
penalties  prescribed  for  violation  of  such  laws  shall  apply 
to  elections  and  precincts  where  voting  machines  are  used 
in  so  far  as  they  are  not  in  conflict  with  the  provisions  of 
this  Act.     (R.  S.  1908  and  1914,  §7039;  R.  S.  1901,  §6335g.) 

312.  Officers— Neglect  of  Duty— Penalties. 

16.  Any  public  officer  or  any  election  officer  upon  whom 
any  duty  is  imposed  by  this  Act,  or  who  shall  wilfully  omit 
or  neglect  to  perform  such  duties,  or  do  any  act  prohibited 
herein,  for  which  punishment  is  not  otherwise  provided 
herein,  shall,  upon  conviction,  be  imprisoned  in  the  State 
prison  for  not  less  than  one  year  or  more  than  three  years, 
or  be  fined  in  any  sum  not  exceeding  two  thousand  ($2,000) 
dollars,  or  may  be  punished  by  both  such  imprisonment 
and  fine.     (R.  S.  1908  and  1914,  §7040;  R.  S.  1901,  §6335h.) 


313.    Injuring  Machine  or  Ballots. 

17.  Any  person  not  being  an  election  officer,  who 
during  any  election,  or  before  any  election^  after  a  voting 
machine  has  had  placed  upon  it  the  ballot  label  for  such 
election,  who  shall  tamper  with  such  machine,  disarrange, 
deface,  injure  or  impair  the  same  in  any  manner,  or  muti 
late,  injure  or  destroy  any  ballot  label  placed  thereon,  ot\ 
to  be  placed  thereon,  or  any  other  appliance  used  in  connec 
tion  with  such  machine,  shall  be  deemed  guilty  of  a  felony. 


I 


CONCERNING    ELECTIONS.  259 

and  on  conviction  thereof  shall  be  imprisoned  in  the  State 
prison  for  a  period  of  not  less  than  two  nor  more  than  ten 
years.     (R.  S.  1908  and  1914,  §7041;  R.  S.  1901,  §6335i.) 

• 

314.  False  Affidavit. 

18.  Whoever  shall  knowingly  or  wilfully  make  a  false 
affidavit,  under  any  of  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  perjury.  (R.  S.  1908  and  1914,  §7042;  R. 
S.  1901,  §6335 j.) 

315.  Using  Distinguishing  Marks — Penalties. 

19.  Whoever  shall  induce  or  attempt  to  induce  any 
elector  to  write,  paste  or  otherwise  place  on  an  irregular 
ballot  voted  on  a  voting  machine  at  any  election,  any  name, 
sign  or  device  of  any  kind  as  a  distinguishing  mark  by 
which  to  indicate  to  another  how  such  elector  has  voted; 
or  shall  enter  into  or  attempt  to  form  any  agreement  or 
conspir,':.cy  with  any  person  to  induce  or  attempt  to  induce 
electors,  or  any  elector,  to  so  place  any  distinguishing  mark 
on  such  ballot;  or  who  shall  attempt  to  induce  any  elector 
to  do  anything  with  a  view  to  enabling  another  person  to 
see  or  know  for  what  ticket  or  for  what  persons  or  any  of 
them  such  elector  votes  on  such  machine ;  or  who  shall  en- 
ter into  or  attempt  to  form  any  agreement  or  conspiracy 
to  induce  any  elector  to  do  anything  for  the  purpose  of  en- 
abling another  person  or  persons  to  see  or  know  for  what 
ticket,  person  or  persons  such  elector  votes;  or  who  shall 
attempt  to  induce  any  person  to  place  himself  in  such  posi- 
tion, or  to  do  any  other  thing  as  will  enable  him  to  see  or 
know  for  what  ticket  or  candidates  any  elector  other  than 
himself  votes  on  such  machine;  or  who  himself  attempts 
to  get  in  such  position,  or  do  any  other  thing,  so  that  he 
will  be  enabled  to  see  or  know  how  any  elector  other  than 
himself  votes  on  such  machine,  shall  be  guilty  of  a  felony, 
and  on  conviction  imprisoned  in  the  State  prison  not  less 
than  two  nor  more  than  five  years.  (R.  S.  1908  and  1914, 
§7043  ;R.  S.  1901,  §6335k.) 

316.  Officers  Tampering  with  Machine — Penalty. 

20.  Whoever,  being  an  Inspector,  Judge  or  Clerk  of 
an  election,  with  intent  to  cause  or  permit  any  voting  ma- 


260  GENERAL    LAWS 

chine  to  fail  to  correctly  register  all  votes  cast  thereon, 
tampers  with  or  disarranges  such  machine  in  any  way,  or 
any  part  or  appliance  thereof;  or  who  causes  or  consents 
to  said  machine  being  used  for  voting  at  any  election  with 
knowledge  of  the  fact  that  the  same  is  not  in  order,  or  not 
perfectly  set  and  adjusted  so  that  it  will  correctly  register 
all  votes  cast  thereon ;  or  who,  for  the  purpose  of  defraud- 
ing or  deceiving  any  voter  or  of  causing  it  to  be  doubtful 
for  what  ticket  or  candidate  or  candidates  or  proposition 
any  vote  is  cast,  or  of  causing  it  to  appear  upon  said  ma- 
chine that  votes  cast  for  one  ticket,  candidate  or  proposi- 
tion, were  cast  for  another  ticket,  candidate  or  proposition, 
removes,  changes  or  mutilates  any  ballot  label  on  said  ma- 
chine or  any  part  thereof,  or  does  any  other  thing,  shall 
be  deemed  guilty  of  a  felony,  and  upon  conviction  im- 
prisoned in  the  State  prison  not  less  than  two  years  nor 
more  than  ten  years,  and  disfranchised  for  any  determinate 
period,  to  which  may  be  added  a  fine  of  not  exceeding  one 
thousand  ($1,000)  dollars.  (R.  S.  1908  and  1914,  §7044; 
R.  S.  1901,  §63351.) 

317.  False  Returns — Penalty. 

21.  Any  Inspector,  Judge  or  Clerk  of  an  election,  who 
shall,  at  the  close  of  the  polls,  purposely  cause  the  vote 
registered  on  such  machine  to  be  incorrectly  taken  down 
as  to  any  candidate  or  proposition  voted  on,  or  who  shall, 
knowingly  cause  to  be  made  or  signed  any  false  statement, 
certificate  or  return  of  any  kind,  of  such  vote ;  or  who  shall, 
knowingly  consent  to  said  things  or  any  of  them  being  done, 
shall  be  deemed  guilty  of  a  felony,  and  on  conviction  shall 
be  imprisoned  in  the  State  prison  not  less  than  two  years 
nor  more  than  ten  years,  to  which  may  be  added  a  fine  of 
not  more  than  one  thousand  ($1,000)  dollars.  (R.  S.  1908 
and  1914,  §7045;  R.  S.  1901,  §6335m.) 

318.  Cities  and  Towns  May  Use  Machines. 

22.  The  City  Council  and  Board  of  Aldermen,  where 
there  is  a  Board,  of  any  city  in  this  State,  and  the  Town 
Trustees  of  any  town  in  this  State,  may,  after  voting  ma- 
chines have  been  adopted  in  the  county  by  the  Board  of 
Commissioners,  and  are  on  hand,  ready  for  use,  by  an  ordi- 


I 


\ 


I 
I 


OONOERNING    BLEOTIOlfS.  861 

nance  duly  passed,  adopt  such  machines  for  use  at  any  elec- 
tion of  such  city  or  town,  respectively ;  and  if  there  are  not 
sufficient  machines  on  hand  for  every  precinct  of  the  city 
or  town,  they  may  provide  in  such  ordinance  in  what  pre- 
cincts voting  machines  shall  be  used  at  such  election  and 
fix  the  boundaries  of  the  precinct.  The  County  Commis- 
sioners shall  furnish  to  such  city  or  town  the  requisite  num- 
ber of  voting  machines,  together  with  all  the  furniture  and 
appliances  that  go  therewith,  to  be  used  in  such  pre- 
cincts, but  such  town  or  city  shall  pay  the  expense  of  mov- 
ing such  machine  and  furniture  to  and  from  the  polling 
places,  and  also  for  any  damage  or  loss  to  such  machines  or 
furniture.  The  City  Board  of  Election  Commissioners  shall 
discharge  the  duties  required  by  this  Act  to  be  discharged 
by  the  County  Board  of  Election  Commissioners.  And  all 
of  the  provisions  of  this  Act  and  penalties  prescribed,  shall 
apply  to  town  and  city  elections  and  all  officers  thereof  and 
connected  therewith,  and  all  proceedings  and  doings  in  pre- 
paring for  and  holding  city  or  town  elections  at  which  such 
voting  machines  are  used.  (R.  S.  1908  and  1914,  §7046;  R. 
S.  1901,  §6335n.) 

319.  Experimental  Use. 

23.  The  Board  of  County  Commissioners,  the  City 
Council,  and  Board  of  Aldermen,  when  there  is  such  Board, 
and  Trustees  of  a  town  authorized  by  this  Act  to  adopt 
voting  machines,  may  provide  for  the  experimental  use  at 
an  election  in  one  or  more  precincts,  of  a  machine  approved 
by  the  Indiana  Voting  Machine  Commission  without  a 
formal  adoption  or  purchase  thereof;  and  its  use  at  such 
election  shall  be  as  valid  for  all  purposes  as  if  formally 
adopted.     (R.  S.  1908  and  1914,  §7047;  R.  S.  1901,  §6335o.) 

320.  Printing  Ballots,  When. 

24.  The  Board  of  Election  Commissioners  shall  cause 
to  be  printed  ballots  for  all  elections  as  now  provided  by 
law  and  to  deliver  a  sufficient  number  thereof  to  the  Clerk 
of  each  county,  or  in  case  of  a  city  election  then  to  the  City 
Clerk,  wherein  voting  machines  have  been  adopted,  so  that 
in  case  any  voting  machine  should  get  out  of  order  or  fail 
to  work,  the  Clerk  could  furnish  necessary  ballots  to  each 


262  GETiTERAL   LAWS 

precinct  in  which  such  voting  machines  so  failing  to  work 
are  located,  in  order  that  the  election  might  go  on.  The 
Clerk  of  the  county,  town  or  city  in  which  such  voting  ma- 
chines are  adopted,  shall  be  at  his  office  from  5  o  'clock  a.  m. 
until  6  o'clock  p.  m.  on  all  election  days,  and  be  ready 
at  any  time  between  such  hours  to  deliver  to  any  precincts 
in  his  county,  town  or  city,  necessary  ballots  together  with 
election  booths,  ballot  boxes,  and  all  necessary  parapher- 
nalia as  now  required  by  law  upon  notice  that  any  voting 
machine  is  out  of  order  or  fails  to  work:  Provided,  That 
if  the  number  of  voters  in  any  precinct  in  which  any  such 
voting  machine  is  placed  shall  exceed  in  number  three  hun- 
dred persons,  then  the  Clerk  shall  furnish  and  send  to  the 
voting  places  in  such  precinct  election  booths  with  six  stalls. 
(E.  S.  1908  and  1914,  §7048;  E.  S.  1901,  6335p.) 


OONCEENING    ELECTIONS. 


263 


CHAPTER  6. 


PRIMARY  ELECTIONS. 


321.  Primary  nominations— Application. 

322.  Precinct  Committees — Election. 

323.  Ballots— Eligible  voters. 

324.  Count  of  ballots— Returns — Contest. 

325.  Deciding  contests — Organization. 

326.  Primary  date — Election  Commissioners. 

327.  Candidates— Notice. 

328.  Withdrawal  of  candidates. 

329.  Notice  of  election. 

330.  Precincts— Voting  places. 

331.  Election  officers . 

332.  Pay  of  election  officers. 

333.  Primary  Election  Commissioners. 

334.  County  Commissioners — Ballot  boxes. 

335.  Place  of  voting— Notice. 

336.  Sheriff— Deputies. 

337.  Challengers. 

338.  Poll  books  and  other  supplies. 

339.  Polls — Opening  and  closing. 

340.  Ballots — Preparation  for  voting. 

341.  Custody  of  ballots. 

342 .  Quali  fi  cations  for  voter. 

343.  Manner  of  voting. 

344.  Illiterate  or  disabled  voter. 
34.S.  Challenge— Affidavit. 

346.  Count— Unvoted  ballots. 

347.  Canvass — Watchers — Protested  ballots, 

348.  Board  of  Canvassers — Duties. 

349.  Expenses — How  paid. 

350.  City  Officers —  Provisions  for  primary. 


SEC. 

351.  Notices  by  publication. 

352.  Powers  of  Inspectors. 

353.  Vacancies— How  filled. 

354.  Computation  of  time. 

355.  Illegal  voting — Penalty. 

356.  Voting  in  wrong  place — ^Penalty. 

357.  Voting  more  than  once — Penalty. 

358.  Printing  of  ballots— Penalty. 

359.  Election  Commissioners — Penalty. 

360.  Custodian  of  ballots— Penalty. 

361.  Inspector — Failure  to  appear — Penalty. 
"""  Illegal  voting — ^Affidavit — Arrest. 

False  affidavit — Perjury. 

Inspector,  Clerk  or  person— Ballots — Pen- 
alty. 

Opening  or  loss  of  ballots — Penalty. 

Conspiring  to  distinguish  ballot — Penalty. 

Prevention  of  votes — Penalty. 

Purchase  of  votes — Penalty. 

Immunity  for  witnesses. 

Revealing  vote — Penalty. 

Influencing  board — Penalty. 

Unlawful  acts— Secrecy   of   ballot — Penal- 
ties. 
373 .    Public  officers — Duties  —Penalties . 

Affidavits— Delivery  and  investigation. 

Voting  machines— Use. 

Manner  of  machine  voting. 

General  statutes — Application. 


363. 
364. 

365. 
366. 
367. 
368. 
369. 
370. 
371. 
372. 


374 
375 
376. 
377. 


[1907,  p.  627.     Approved  March  12»  1907.] 

321.    Primary  Nominations — Application. 

1.  All  political  parties  in  the  State,  which  cast  at  the 
last  preceding  general  election  ten  per  cent,  or  more  of  the 
total  vote  desiring  to  nominate  candidates  for  county,  city 
and  township  offices,  including  all  nominations  for' judicial 
and  legislative  offices,  when  the  same  are  to  be  elected  ex- 
clusively from  any  such  county,  and  shall  (except  special 
elections  to  fill  vacancies)  make  such  nominations  in  the 
manner  prescribed  by  this  Act ;  but  this  Act  shall  not  apply 
to  the  selection  of  candidates  for  national,  congressional, 
State  or  district  offices,  nor  to  the  election  of  delegates  to 
conventions  for  the  nomination  of  national.  State,  district 
or  town  officers :  Provided,  however.  That  this  Act  shall  be 
mandatory  only  in  counties  having  within  their  limits  cities 
having  a  population  of  thirty-six  thousand  or  over  accord- 
ing to  the  last  preceding  United  States  census,  but  shall  be 
optional  as  to  such  political  parties  in  all  [other]  counties 
of  the  State,  which  option  shall  be  exercised  by  concurrent 
vote  of  the  precinct  committeemen  of  such  political  parties 


I 


264  GENEEAL    LAWS 

as  cast  at  least  ten  per  cent,  of  the  total  vote  at  the  last 
preceding  general  election  in  such  county  or  city  as  the  case 
may  be,  as  hereinafter  prescribed.  (R.  S.  1908  and  1914, 
§7055.) 

[1909,  p.  38.    Approved  February  20,  1909.1 

322.    Precinct  Committees — Election. 

2.  That  in  and  for  each  county  and  city  in  this  State  all 
political  parties  subject  to  or  electing  to  avail  themselves  of 
the  provisions  of  this  Act,  shall  between  the  rst  day  of  Jan- 
uary and  the  first  day  of  March  preceding  the  next  general 
or  city  election  to  be  held  after  the  taking  effect  of  this  Act, 
elect  precinct  committeemen,  who  shall  constitute  the 
county  or  city  central  committee  of  such  party.  The  chair- 
man of  the  respective  committees  of  all  such  political  par- 
ties shall  agree  upon  a  day  and  designate  the  place  for  the 
election  of  precinct  committeemen  of  such  parties  at  least 
ten  days  prior  to  the  election  and  all  parties  subject  to 
the  provisions  of  this  Act  shall  elect  precinct  committee- 
men, who  shall  hold  their  offices  until  their  successors  shall 
have  been  elected  or  until  their  removal  as  hereinafter  pro- 
vided, and  if  they  fail  to  agree,  such  election  shall  be  held 
on  the  second  Thursday  in  March  at  the  place  designated 
by  the  Board  of  County  Commissioners  as  hereinafter  pro- 
vided. The  Board  of  County  Commissioners  at  their  Feb- 
ruary meeting  shall  designate  a  place  in  each  precinct  where 
the  election  shall  be  held  in  case  the  chairmen  fail  to  agree 
upon  a  place.  When  the  day  and  the  place  of  such  election 
have  been  agreed  upon  the  repective  chairmen  shall  issue 
a  call  at  least  ten  days  prior  to  the  date  selected  for  such 
election:  Provided,  That  in  case  no  agreement  shall  be 
reached  by  the  respective  chairmen  of  the  political  parties 
as  to  the  time  and  place  of  holding  such  election,  then  at 
least  ten  days  before  the  second  Thursday  in  March  each 
such  chairman  shall  issue  a  call  for  the  election  to  be  held 
at  the  place  in  the  precinct  designated  by  the  Board  of 
County  Commissioners  on  said  second  Thursday  in  March. 
The  call  for  such  election  shall  designate  the  time  and  place 
of  holding  such  election  and  it  shall  be  made  by  publication 
in  a  daily  newspaper  of  general  circulation,  if  any  there  be 


OONCEENING   ELECTIONS.  265 

published  in  such  county  or  city  of  the  political  faith  of  each 
of  such  parties ;  if  not,  then  in  some  newspaper  of  general 
circulation.  The  respective  chairmen  shall  appoint  an  In- 
spector and  Clerk  in  each  precinct  of  their  respective  polit- 
ical parties.  All  such  Inspectors  and  Clerks  shall  be  bona 
fide  residents  of  such  precincts  for  at  least  sixty  days  pre- 
ceding such  primary  and  be  bona  fide  members  of  the  party 
holding  such  election.  All  such  Inspectors  herein  provided 
for  shall  qualify  by  taking  the  oath  prescribed  by  the  gen- 
eral election  laws  of  this  State  for  Inspectors  at  general 
elections  as  far  as  the  same  be  applicable  before  some  per- 
son authorized  to  administer  oaths,  and  file  the  same  with 
the  County  or  City  Clerk,  as  the  case  may  be,  and  such  In- 
spectors shall  at  the  time  of  such  primary  immediately  pre- 
ceding the  opening  of  the  polls  administer  a  similar  oath 
to  the  Clerk  of  such  precinct.  The  Inspector  and  Clerk  shall 
constitute  the  Election  Board  for  such  precinct.  All  politi- 
cal parties  subject  to  the  provisions  of  this  Act  shall  hold 
their  primaries  for  the  election  of  precinct  committeemen  on 
the  same  day.  The  chairman  of  each  of  the  political  parties 
holding  such  primary  shall  each  select  and  provide  a  voting 
place  in  each  precinct.  No  two  political  parties  shall  vote  at 
the  same  place  in  any  precinct  when  such  election  is  held. 
The  chairman  of  each  political  party  shall  furnish  to  the 
Election  Board  of  his  party  in  each  precinct  the  necessary 
blanks,  which  are  required  to  be  furnished  to  Election 
Boards  under  the  general  election  laws  at  general  elections. 
Each  candidate  for  precinct  committeeman  may  choose  a 
watcher  for  his  precinct  who  shall  have  the  right  to  be  pres- 
ent and  to  examine  the  ballot  boxes  before  the  voting  begins 
and  to  remain  in  the  room  through  the  time  the  voting  and 
the  count  of  the  votes  is  in  progress.  The  polls  in  all  pre- 
cincts situate  in  any  city  or  town  shall  be  open  for  the  elec- 
tion of  such  precinct  committeemen  between  the  hours  of 
four  o^clock  p.  m.  and  eight  o'clock  p.  m.,  and  in  all  pre- 
cincts outside  of  any  city  or  town  the  polls  shall  be  open  be- 
tween the  hours  of  two  o'clock  p.  m.  and  six  o'clock  p.  m. 
All  persons  serving  in  any  capacity  in  connection  with  the 
primaries  for  the  election  of  precinct  committeemen  shall 
serve  without  compensation.  (As  amended.  Acts  1909,  p. 
38.    E.  S.  1914,  Sec.  7056:) 


266  GENEEAL    LAWS 

323.  Ballots — Eligible  Voters. 

3.  All  elections  for  such  committeemen  shall  be  by  bal- 
lot, on  white  book  paper  of  the  uniform  width  of  two 
inches  and  length  of  three  inches,  upon  which  shall  be  writ- 
ten or  printed  the  name  of  the  person  for  whom  the  voter 
desires  to  vote  and  the  number  of  the  precinct  and  ward  or 
township  in  which  such  ballot  shall  be  cast.  Each  qualified 
voter  of  the  precinct,  who  at  the  last  preceding  general  elec- 
tion voted  for  a  majority  of  the  regularly  nominated  candi- 
dates of  the  party  and  affiliated  with  the  party  holding  such 
election  for  such  committeemen,  shall  be  entitled  to  vote  at 
such  election.  Any  qualified  legal  voter  in  such  precinct 
may  challenge  any  voter  or  any  person  who  shall  offer  to 
vote  at  such  election  and  when  so  challenged,  such  person 
shall  not  be  entitled  to  vote  until  he  has  made  affidavit  that 
he  is  a  qualified  legal  voter  of  the  precinct;  that  at  the  last 
preceding  general  election  he  affiliated  with  the  party  hold- 
ing such  election;  that  he  voted  for  a  majority  of  the  regu- 
lar nominees  of  such  party  at  such  election  and  that  he  in- 
tends to  support  and  vote  for  the  regular  nominees  of  such 
party  at  the  coming  election :  Provided,  That  any  qualified 
legal  voter  who  was  under  twenty-one  years  of  age  at  the 
last  preceding  election  shall  be  entitled  to  vote  at  the  pri- 
mary of  the  party  with  which  he  intends  to  affiliate  and 
whose  candidates  he  intends  to  vote  for  at  the  approaching 
election  and  that  when  such  last  named  voter  is  challenged, 
he  shall  make  affidavit  that  he  is  a  qualified  legal  voter  of 
the  precinct.  If  any  precinct  committeeman  is  guilty  of 
any  misconduct  or  breach  of  fealty  to  his  party  which  in  the 
judgment  of  the  county  or  central  committee  of  the  party  to 
which  such  committeeman  belongs  renders  him  not  fit  for 
his  duties  as  such  committeeman,  the  chairman  of  such  com- 
mittee shall  have  full  power  to  remove  such  a  precinct  com- 
mitteeman, and  in  that  event  the  chairman  shall  order  an- 
other election  of  precinct  committeeman  in  such  precinct  to 
fill  the  vacancy.    (E.  S.  1908  and  1914,  §7057.) 

324.  Count  of  Ballots — Returns — Contest. 

4.  Immediately  upon  the  close  of  the  polls  in  the  sev- 
eral precincts  such  Election  Boards  shall  proceed  to  count 
the    ballots,    and    any    candidate  for  committeeman  may. 


I 


CONCERNING    ELECTIONS.  267 

either  in  person  or  by  any  accredited  representative,  wit- 
ness such  count.  Upon  the  completion  of  such  count,  such 
Inspector  shall  immediately  announce  the  result ;  such  Elec- 
tion Board  shall  also  prepare  in  triplicate,  on  blanks  to  be 
furnished  by  such  county  or  city  chairman,  certificates  of 
such  result  and  such  certificates  shall  be  signed  by  both 
members  of  such  Election  Board.  The  Inspectors  of  the  sev- 
eral precincts  shall  forthwith  deliver  to  such  county  or  city 
chairman  one  of  such  certificates ;  the  Inspectors  shall  keep 
one  copy  and  deliver  one  copy  to  the  Clerk  in  each  precinct. 
Should  any  candidate  for  precinct  committeeman  after  the 
completion  of  the  count  and  the  announcement  of  the  re- 
sult of  such  election  by  the  Inspector  in  such  precinct  as 
herein  provided  for,  give  written  notice  of  his  intention  to 
contest  the  election  of  anyone  shown  to  be  elected  on  the 
face  of  the  returns,  such  contestant  shall  immediately  no- 
tify such  Inspector  in  writing,  and  such  Inspector  shall 
place  all  the  ballots  cast  in  such  precinct  and  the  poll  lists 
of  voters  in  a  bag  to  be  furnished  by  the  county  or 'city 
chairman  of  his  party,  and  securely  seal  such  bag  and  trans- 
mit the  same  together  with  such  written  notice  of  contest, 
to  such  county  or  city  chairman  and  take  his  receipt  there- 
for, and  within  five  days  after  the  receipt  of  the  certificate 
and  notice  of  the  contest  and  bag  of  ballots  by  the  county 
or  city  chairman  such  contest  shall  be  decided  as  herein- 
after provided.    (R.S.  1908  and  1914,  §7058.) 

325.    Deciding  Contests — Organization. 

5.  Within  five  days  after  such  election  of  precinct  com- 
mitteemen such  committeemen  shall  meet  on  call  of  the 
party  chairman  and  a  majority  of  the  members  elected  shall 
constitute  a  quorum.  At  such  meeting  the  then  chairman 
of  the  county  or  city  committee  shall  preside.  If  the  elec- 
tion in  any  precinct  has  been  contested  and  notice  of  such 
contest  has  been  filed  as  hereinbefore  provided,  then  the 
committeemen  shall,  before  proceeding  with  any  other  busi- 
ness, resolve  themselves  into  a  committee  of  the  whole  and 
proceed  to  hear  and  determine  such  contests  as  have  been 
filed.  The  contesting  parties  shall  be  entitled  to  be  present, 
to  be  heard  in  person  or  by  a  representative  and  produce 
witnesses  before  such  committee.  After  such  contests  have 
been    heard    and    determined    the    precinct    committemer. 


268  GBNIBAL    LAWS 

shall  elect  a  chairman,  vice-chairman,  secretary  and  treas- 
urer, who  shall  constitute  the  central  committee  of  the 
county  or  city,  as  the  case  may  be,  and  such  chairman  may 
appoint  such  executive  or  advisory  committees  as  he  may 
see  fit;  and  such  chairman,  vice-chairman,  secretary  and 
treasurer  shall  perform  such  duties  as  are  now  usually  per- 
formed by  officers  of  party  organizations.  (R.  S.  1908  and 
1914,  §7059.) 

326.    Primary  Date^ — Election  Commissioners. 

6.  The  Board  of  Primary  Election  Commissioners  in 
counties  where  this  Act  is  mandatory  shall  in  all  biennial 
elections  fix  the  time  of  holding  the  primary  elections  for 
the  nomination  of  all  county,  judicial,  legislative  and  town- 
ship candidates  to  be  elected  at  such  general  elections  ex- 
clusively by  the  voters  of  such  county,  and  such  time  shall 
not  be  earlier  than  the  first  day  of  April,  nor  later  than 
the. first  day  of  July  of  the  year  in  which  such  general  elec- 
tion is  to  be  held,  and  in  case  of  city  elections,  such  City 
Board  of  Primary  Election  Commissioners  shall  fix  the 
time  of  holding  the  primary  for  the  nomination  of  candi- 
dates to  be  voted  for  at  such  city  election^  which  primary 
shall  be  held  on  a  day  named  not  less  than  ten  weeks  prior 
to  such  election,  and  said  commissioners  shall  give  at  least 
thirty  days'  notice  of  the  time  fixed  for  such  primary  elec- 
tion. In  counties  and  cities  where  this  Act  is  not  manda- 
tory and  the  precinct  committeemen  of  the  parties  casting 
not  less  than  ten  per  cent,  of  the  total  vote  at  the  last  pre- 
ceding election  shall  at  separate  meetings  of  the  commit- 
tees to  which  said  committeemen  shall  belong  by  a  majority 
vote  of  each  of  said  committees  determine  that  they  desire 
to  avail  themselves  of  the  provisions  of  this  Act,  then  the 
nominees  of  such  parties  shall  be  nominated  at  a  primary 
election  held  under  the  provisions  of  this  Act:  Provided, 
That  in  counties  and  cities  where  this  Act  is  optional,  no 
primary  shall  be  held  hereunder  if  any  one  of  said  party 
committees  shall  not  elect  to  avail  itself  of  the  provisions 
of  this  Act.  Upon  said  committees  electing  to  avail  them- 
selves of  the  provisions  of  this  Act,  the  respective  chairmen 
of  said  parties  shall  at  once  notify  the  Clerk  of  the  Circuit 
Court,  or  the  City  Clerk,  as  the  case  may  be,  of  the  action 


I 
I 


CONCERNING    ELECTIONS.  269 

of  said  committees,  and  said  Clerk  shall  within  thirty  days 
thereafter  appoint  Primary  Election  Commissioners  as 
hereinafter  provided  for  counties  where  this  Act  is  manda- 
tory, and  said  commissioners  shall  at  once  proceed  to  the 
discharge  of  their  duties.  Said  committees  shall  exercise 
their  election  to  avail  themselves  of  this  Act  at  meetings  of 
said  committees  held  on  the  call  of  the  respective  chairmen 
not  earlier  than  the  first  day  of  April  and  not  later  than  the 
first  day  of  July.    (E.  S.  1908  and  1914,  §7060.) 

327.  Candidates — Notice. 

7.  All  eligible  persons  desiring  to  be  candidates  for 
any  county,  judicial,  legislative,  township  and  city  offices 
of  any  party  casting  ten  per  cent,  or  more  of  the  total  vote 
of  any  county  or  city  coming  within  the  provisions  of  this 
Act,  shall,  at  least  five  days  before  such  primary,  file  with 
the  Board  of  Primary  Election  Commissioners  a  written  no- 
tice of  such  candidacy  signed  by  such  persons,  and  should 
twenty-five  or  more  voters  of  a  party  whose  candidates  are 
to  be  nominated  at  such  primary  desire  to  have  some  eligi- 
ble person  of  the  party  with  which  they  are  affiliated  voted 
for  at  such  primary  who  has  not  filed  or  is  not  willing  to 
file  such  written  notice  with  such  Board,  such  twenty-five 
or  more  voters  may  petition  the  Board  of  Primary  Election 
Commissioners  to  have  the  name  of  such  person  placed  on 
the  ballot  of  the  party  with  which  they  are  affiliated,  with 
the  other  candidates  filing  such  written  notices.  (R.  S. 
1908  and  1914,  §7061.) 

328.  Withdrawal  of  Candidates. 

8.  Any  person  who  shall  file  notice  of  his  candidacy 
as  before  provided  or  on  whose  behalf  there  shall  be  filed 
a  nominating  petition  for  any  office  for  which  nominations 
are  to  be  made  at  such  primary,  may  at  any  time,  within 
ten  days  of  the  day  set  for  the  holding  of  the  primary  elec- 
tion, notify  in  writing  the  officer  with  whom  such  notice 
or  petition  has  been  filed,  that  he  is  not  a  candidate  and 
does  not  wish  his  name  to  appear  on  the  official  primary 
ballot  as  a  candidate.  Upon  receipt  of  such  notice  in  writ- 
ing by  such  officer,  he  shall  withdraw  such  notice  or  peti- 
tion from  the  files  and  shall  not  certify  the  name  of  such 


270  GENEBAL    LAWS 

person  as  a  candidate  to  be  voted  for  at  such  primary  elec- 
tion, and  the  name  of  such  person  shall  not  be  permitted 
to  appear  on  the  official  primary  election  ballot  as  a  candi- 
date.   (R.  S.  1908  and  1914,  §7062.) 

329.  Notice  of  Election. 

9.  The  County  or  City  Clerks,  as  the  case  may  be,  shall 
at  least  twenty  days  prior  to  any  primary  election  give  no- 
tice of  the  time  and  place  of  holding  primary  elections  un- 
der this  Act ;  the  hours  during  which  the  polls  will  be  open 
and  of  the  offices  for  which  candidates  are  to  be  nominated ; 
such  notice  shall  be  given  by  one  publication  in  some  news- 
paper of  general  circulation  of  his  county  or  city,  if  any 
there  be.    (E.  S.  1908  and  1914,  §7063.) 

330.  Precincts — Voting  Places. 

10.  Election  precincts  shall  be  the  same  for  primary 
elections  under  this  Act  as  for  general  and  municipal  elec- 
tions under  the  laws  of  this  State.  Voting  places  shall  be 
designated,  and  voting  booths  in  sufficient  numbers  to  ac- 
commodate the  voters  of  each  primary  district  shall  be  fur- 
nished and  used  in  the  same  manner  as  now  provided  un- 
der the  general  election  laws  of  this  State.  No  primary 
election  shall  be  held  in  a  room  in  which  spirituous,  vinous, 
malt  or  other  intoxicating  liquors  may  be  bought  or  drunk 
on  the  premises  during  said  primary  election.  (R.  S.  1908 
and  1914,  §7064.) 

331.  Election  Officers. 

11.  In  all  primary  elections  the  election  officers  in  each 
precinct  shall  be  one  Inspector,  two  Judges  and  two  Clerks. 
Such  Inspectors,  Judges  and  Clerks  shall  be  appointed  and^ 
shall  take  the  oath  and  serve  as  provided  by  the  laws  gov-.™ 
erning  general  elections  in  this  State.  The  Inspector  and 
Judges  shall  constitute  the  Election  Board  of  such  precinct. 
R.  S.  1908  and  1914,  §7065.) 

332.  Pay  of  Election  Officers. 

12.  Each  Inspector,  Judge  and  Clerk  of  any  primary 
election  shall  be  allowed  and  paid  two  dollars  for  eachj 
day 's  service  while  attending  to  such  election  and  perform- 


CONCERNING    ELECTIONS.  271 

ing  the  duties  of  his  office:  Provided,  however,  That  if 
registration  of  electors  be  by  law  required  and  a  registra- 
tion day  shall  be  held  on  the  same  day  as  a  primary  elec- 
tion, the  Inspectors  and  Clerks  appointed  to  serve  as  In- 
spectors and  Clerks  of  registration  shall  also  serve  as  In- 
spectors and  Clerks  of  primary  elections  in  their  respective 
precincts,  and  shall  be  entitled  to  no  additional  pay  for 
services  as  primary  election  officers.  (E.  S.  1908  and  1914, 
§7066.) 

333.    Primary  Election  Commissioners. 

31.  There  shall  be  and  is  hereby  created  a  Board  of 
Primary  Election  Commissioners  to  be  composed  of  the 
Clerk  of  the  Circuit  Court  and  tw^o  others  to  be  appointed 
by  him,  one  of  whom  shall  be  taken  from  each  of  the  two 
political  parties  casting  the  highest  number  of  votes  at  the 
last  preceding  general  election,  who  shall  be  nominated  in 
writing  by  the  chairmen  of  said  two  parties  respectively 
within  thirty  days  after  the  election  of  such  chairmen.  Such 
Primary  Election  Commissioners  shall  hold  office  until  after 
the  nomination  of  candidates  as  hereinafter  provided,  and 
than  such  Commissioners  shall  act  as  Election  Commission- 
ers under  the  law  governing  general  elections.  Said  Pri- 
mary Election  Commissioners  may  employ  all  necessary 
clerical  assistance,  and  said  Commissioners  and  the  assist- 
ants employed  by  them  shall  be  paid  for  their  services  in 
the  same  manner  and  amount  as  is  now  provided  for  by  law 
as  Election  Commissioners.  It  shall  be  the  duty  of  such 
Board  to  prepare  and  distribute  separate  primary  ballots, 
and  also  separate  township  ballots  for  the  several  town- 
ships of  the  county  for  each  political  party  participating  in 
such  primary,  equal  to  twice  the  number  of  votes  cast  by 
such  political  party  in  each  precinct  at  the  last  preceding 
general  election.  The  ballots  shall  be  of  uniform  size  and 
of  the  same  quality  of  paper  as  is  used  in  ballots  at  gen- 
eral elections.  The  ballots  so  furnished  shall  be  of  a  dif- 
ferent color  for  each  political  party  holding  such  primary 
election,  and  no  two  political  parties  shall  be  furnished  or 
use  ballots  of  the  same  color.  The  county  and  township 
ballots  of  each  party  shall  be  of  the  same  color.  All  the 
names  of  candidates  representing  one  political  party  shall 
be  placed  on  one  ticket,  and  the  name  of  such  political 


272  GENERAL    LAWS 

party  and  the  designation  as  to  whether  a  county  or  town- 
ship ballot  shall  be  placed  at  the  top  thereof.  All  the  names 
of  the  candidates  for  each  office  who  have  qualified  as  pro- 
vided in  this  act  shall  be  grouped  together  under  the  name 
of  such  office.  The  names  of  the  candidates  in  each  group 
shall  be  alternated  in  regular  sequence  by  the  printer,  so 
that  as  nearly  as  possible  an  equal  number  of  ballots  shall 
be  printed  with  each  candidate's  name  at  the  head  of  the 
group.  There  shall  be  printed  at  the  head  of  each  group 
where  only  one  candidate  in  such  group  is  to  be  voted  for, 
the  words  ''Vote  for  one."  Where  more  than  one  candi- 
date in  any  group  is  to  be  voted  for,  the  number  to  be  voted 
for  shall  be  specified  at  the  head  of  each  group.  Substan- 
tially the  following  form  shall  be  used  in  printing  primary 
election  ballots : 


OFFICIAL   PRIMARY   BALU/r. 
County 

or  Township. 

(Name  of  Political  Party.) 

1 

Name  of  Office. 
Vote  For 

Name  of  Candidate. 
Name  of  Candidate. 
Name  of  Candidate. 
Name  of  Candidate. 
Name  of  Candidate. 

(R.  S.  1908  and  1914,  §7067.) 


I 


334.     County  Commissioners — Ballot  Boxes. 

14.     The    Board    of    County    Commissioners    of    each 
county  shall  provide,  at  the  expense  of  the  county,  ballot 
boxes,  painted  different  colors,  one  box  for  each  political  ^j 
party  participating  in  such  primary,  for  the  reception  of  f  | 
the  ballots  prepared  by  the  county  or  city  Board  of  Pri- 
mary Election  Commissioners  for  each  precinct ;  each  ballot 


I 


I 


CONCERNING    ELECTIONS.  273 

box  shall  have  locks  of  different  kinds,  so  that  the  key  of 
one  will  not  unlock  the  other,  and  be  otherwise  constructed 
so  as  to  contribute  toward  prevention  of  fraud.  If  possible 
the  County  Commissioners  shall  use  the  same  ballot  boxes 
at  primary  elections  as  are  used  at  general  elections.  (E. 
S.  1908  and  1914,  §7068.) 

335.  Place  of  Voting— Notice. 

15.  Such  Board  of  Primary  Election  Commissioners 
shall  give  fifteen  days'  notice  of  the  place  of  voting  in  the 
several  primary  precincts,  by  one  or  more  publications  in 
some  daily  newspaper  or  newspapers,  and  if  it  should  be 
necessary  to  change  the  place  of  holding  said  primary  after 
the  giving  of  such  notice,  then  notice  shall  be  given  by  like 
publication,  of  such  change,  but  no  change  shall  be  made 
within  two  days  of  the  holding  of  such  primary.  The  pro- 
visions of  the  general  election  laws  now  or  hereafter  in 
force  relating  to  the  right  of  any  employe  to  have  sufficient 
time  to  attend  the  polls  and  vote  shall  apply  to  a  primary 
election  held  under  this  Act.     (R.  S.  1908  and  1914,  §7069.^) 

336.  Sheriff— Deputies. 

16.  If  requested  so  to  do  by  the  Board  of  Primary 
Election  Commissioners,  the  Sheriff  of  the  county,  three  or 
more  days  prior  to  each  county  primary  election,  shall  ap- 
point one  special  deputy  as  Election  Sheriff  to  serve  in  such 
precincts  as  may  be  designated  by  the  Board  of  Primary 
Election  Commissioners.  The  duties  of  such  Election  Sher- 
iffs shall  be  the  same  as  those  of  Election  Sheriffs  ap- 
pointed at  general  elections.     (R.  S.  1908  and  1914,  §7070.) 

337.  Challengers. 

17.  Each  party  whose  candidates  are  to  be  nominated 
at  any  primary  election  shall  be  allowed  not  more  than 
two  challengers  to  be  appointed  and  designated  by  each 
party.  No  person  other  than  the  election  officers  and  chal- 
lengers shal]  be  permitted  within  fifty  feet  of  the  polling 
place,  except  for  the  purpose  of  offering  his  vote  and  vot- 
ing. The  voters  shall  approach  and  enter  the  polling  place 
in  the  order  in  which  they  appear  for  the  purpose  of  voting. 
(R.  S.  1908  and  1914,  Sec.  7071.) 

18—1779 


274  GENERAL    LAWS 

338.    Poll  Books  and  Other  Supplies. 

18.  The  Auditor  of  each  county  or  the  City  Clerk,  as 
the  case  may  be,  in  which  a  primary  election  is  required  to 
be  held,  shall  make  out  and  cause  to  be  delivered  to  the  In- 
spectors of  the  several  precincts  in  the  county  or  city,  not 
more  than  three  days  and  not  less  than  one  day  prior  to  any 
primary  election,  a  suitable  number  of  blank  forms  of  poll 
books,  for  use  at  such  primaries.  Such  forms  of  poll  books 
shall  be  divided  into  sets  equal  to  the  number  of  political 
parties  participating  in  such  primary  election.  Each  set 
shall  have  printed  at  the  top  thereof  the  name  of  the  polit- 
ical party  which  is  to  use  such  form  of  poll  book,  which 
name  shall  be  followed  by  the  words  ^^poll  sheet.''  Such 
forms  of  poll  sheets  shall  contain  columns  headed  *^  number 
of  voters ; ' '  ^  ^  name  of  voter ; ' '  ^  ^  residence  of  voter ; ' '  *  ^  par- 
ty affiliation. ' '  The  Board  of  Primary  Election  Commission- 
ers shall  also  furnish  forms  for  election  returns  with  the 
proper  captions,  forms  of  oaths  and  forms  of  certificates 
and  tally  papers  necessary  to  be  used  at  such  primaries  for 
recording,  counting  and  returning  of  all  votes  cast  at  such 
primaries  for  each  candidate  on  any  ticket  for  nomination, 
and  the  expense  thereof  shall  be  paid  out  of  the  county 
treasury.  The  poll  books  and  other  supplies  furnished  by 
the  Auditor  shall  be  delivered  to  the  Inspector  by  the  Pri- 
mary Election  Commissioners  at  the  time  the  ballots  and 
other  supplies  are  delivered  to  him.  (R.  S.  1908  and  1914, 
§7072.) 


339.    Polls — Opening  and  Closing. 

19.  The  polls  in  all  precincts  situate  in  any  city  or 
town  at  primary  elections  shall  be  open  from  8 :00  o  'clock 
a.  m.  to  8:00  o'clock  p.  m.,  and  in  all  precincts  outside  of 
any  city  or  town  the  polls  shall  be  open  from  8:00  o'clock 
a.  m.  to  6:00  o'clock  p.  m.  Before  receiving  the  ballot  of 
any  elector  the  Inspector  of  the  precinct  shall  cause  it  to  be 
proclaimed  that  such  polls  are  open;  and  when  the  polls 
are  closed,  such  fact  shall  be  proclaimed  by  the  Inspector  to 
the  people  outside  in  a  loud  tone  of  voice,  and  no  more 
votes  shall  be  received  thereafter.  (R.  S.  1908  and  1914, 
§7073.) 


CONCERNING    ELECTIONS.  2/5 

340.  Ballots — Preparation  for  Voting. 

20.  At  the  opening  of  the  polls  of  any  county  pri- 
mary election,  after  the  organization  of  and  in  the  presence 
of  the  Election  Board,  the  Inspector  shall  open  the  package 
of  ballots  in  such  manner  as  to  preserve  the  seals  intact. 
The  initials  of  both  Poll  Clerks  shall  be  put  on  every  ballot 
of  all  parties  in  his  own  handwriting.  There  shall  be  no 
other  marks  on  the  backs  of  the  ballots,  and  this  writing 
shall  be  done  on  at  least  twenty-five  ballots  of  every  kind 
before  the  voting  is  begun,  and  at  all  times  during  the  vot- 
ing such  writing  on  the  back  shall  be  done,  so  as  to  keep  at 
least  twenty-five  ballots  so  written  on  hand  ready  to  be 
voted.  All  of  said  writing  on  the  back  of  the  ballots  shall 
be  in  ink  of  the  same  color.     (R.  S.  1908  and  1914,  §7074.) 

341.  Custody  of  Ballots. 

21.  In  such  primary  election  the  Judge  of  each  party 
shall  have  the  custody  of  the  ballots  of  his  party  and  if 
there  be  candidates  for  the  nominations  of  any  party  not 
having  a  representation  on  the  Election  Board,  then  the 
Judge  of  the  party  opposed  to  the  party  to  which  the  In- 
spector shall  belong  shall  have  the  custody  of  the  ballots  of 
such  party  having  no  representation  on  the  Board.  (R.  S. 
1908  and  1914,  §7075.) 

342.  Qualification  for  Voter. 

22.  Every  person  shall  be  entitled  to  vote  at  any  pri- 
mary election  held  under  the  provisions  of  this  Act  if  he 
shall  be  qualified  to  vote  in  such  voting  district  at  any  gen- 
eral election,  if  such  general  election  were  then  held  and  if 
he  be  qualified  as  hereinbefore  provided.  (R.  S.  1908  and 
1914,  §7076.) 

343.  Manner  of  Voting. 

23.  When  a  voter  shall  have  been  passed  by  the  chal- 
lengers or  shall  have  been  sworn  in,  he  shall  be  admitted 
to  the  election  room:  Provided,  however,  That  not  more 
than  one  voter  for  each  booth  shall  be  allowed  in  the  elec- 
tion room  at  one  time.     On  entering  the  room  the  voter 


276 


GENERAL    LAWS 


shall  announce  his  name  and  residence  by  number  and  name 
of  street  or  other  location  to  the  Poll  Clerks,  who  shall  re- 
cord it.  If  registration  of  electors  be  required  by  law,  then 
the  voter  shall  give  the  information  required  of  him  under 
the  law  if  he  desires  to  vote  either  at  such  primary  election 
or  the  coming  election.  The  voter  shall  announce  to  the 
Clerks  his  name  and  with  which  of  the  political  parties  he  is 
affiliated,  and  the  Judge  of  the  party  to  which  such  voter 
declares  his  affiliation,  if  there  be  a  Judge  of  such  party, 
and  if  not,  then  the  Judge  of  the  party  opposed  to  the  party 
to  which  the  Inspector  shall  belong,  shall  deliver  to  him  the 
ballot  or  ballots  of  the  party  with  which  the  voter  has  an- 
nounced his  affiliation,  and  none  other,  and  the  other  Judge 
shall  thereupon  deliver  to  him  a  blue  pencil  and  either 
Judge,  on  request,  shall  give  explanation  of  the  manner  of 
voting.  If  deemed  necessary  by  any  member  of  the  Board 
an  interpreter  may  be  called.  The  voter  shall  then  and 
without  leaving  the  room,  go  alone  into  any  one  of  the 
booths  which  may  be  unoccupied  and  indicate  the  candi- 
dates for  whom  he  desires  to  vote  by  making  a  cross  thus, 
X ,  on  the  squares  immediately  preceding  the  names  of  the 
various  candidates  in  each  group  for  whom  he  desires  to 
vote,  and  not  elsewhere.  No  voter  shall  be  permitted  to 
occupy  a  booth  longer  than  five  minutes.  A  mark  on  the 
ballot  in  violation  of  this  provision  shall  be  treated  as  a  dis- 
tinguishing mark.  Before  leaving  the  booth  or  compart- 
ment the  voter  shall  fold  his  ballots  separately  so  that  no 
part  of  the  faces  thereof  shall  be  exposed,  and  so  that  the 
initials  of  the  Poll  Clerks  shall  be  exposed,  and  on  leaving 
the  booth  or  compartment,  shall  return  the  pencil  to  the  Poll 
Clerk  and  deliver  the  ballot  to  the  Inspector,  who  shall 
forthwith,  in  the  presence  of  the  voter  and  of  the  Election 
Board,  deposit  the  same  in  the  box  designated  to  receive 
the  ballots  of  the  party  with  which  the  voter  has  affiliated 
and  the  Poll  Clerk  shall  write  the  word  ^^ Voted''  after  th 
name  of  the  voter  on  the  poll  lists:  Provided,  howeve 
That  if  an  elector  shall  show  his  ballot  or  any  part  thereo: 
to  any  person  after  the  same  shall  have  been  marked,  so 
to  disclose  any  of  the  candidates  voted  for,  such  ballot 
shall  not  be  deposited  in  the  ballot  box.  A  minute  of  such 
occurrence  shall  be  made  on  the  poll  list  and  such  perso 
shall  not  be  allowed  to  vote  thereafter.     If  a  voter  sha 


V  c 

?d^ 

I 

ot™' 
ch 

1 


CONCERNING    ELECTIONS.  277 

offer  to  vote  a  ballot  so  folded  as  not  to  disclose  the  initials 
of  the  Poll  Clerks  and  also  not  disclosing  the  face  of  the  bal- 
lot the  Election  Board  shall  direct  him  to  return  to  the 
booth  and  fold  his  ballot  properly.  Any  person  who  shall 
by  mistake  or  accident  spoil,  deface  or  mutilate  his  ballot 
may,  on  returning  the  same  to  the  Poll  Clerks  and  satisfying 
the  Board  that  such  spoiling,  defacing  or  mutilation  was 
not  intentional,  receive  another  in  place  thereof,  and  such 
Clerk  shall  make  a  minute  of  the  fact  on  the  poll  list  at  the 
time  and  the  mutilated  ballot  shall  then  be  destroyed  by 
the  elector  in  the  presence  of  the  Board.  Any  person  desir- 
ing to  vote  for  a  person  or  persons  other  than  the  person  or 
persons  whose  names  are  printed  on  said  ballots  shall  have 
the  right  to  do  so  by  writing  or  by  inserting  a  paster  con- 
taining the  name  of  the  person  for  whom  he  desires-to  vote 
in  the  space  on  the  ballot  set  apart  for  the  names  of  the 
candidates  for  such  office  as  he  may  desire  such  person  so 
voted  for  to  be  nominated.  It  shall  be  unlawful  for  any 
person  to  advise,  counsel  or  electioneer,  or  direct  the  voter 
for  whom  to  vote  or  not  to  vote,  or  to  overlook  the  voter 
while  preparing  his  ballot  in  the  voting  place,  or  for  the 
voter  to  announce  before  voting  for  what  candidate  he  is 
or  is  not  voting.  After  voting  the  voter  shall  leave  th(^ 
room,  but 'no  voter  to  whom  a  ballot  and  pencil,  or  either, 
have  been  delivered,  shall  be  permitted  to  leave  the  room 
without  voting  the  ballot  or  returning  it  to  the  Poll  Clerk, 
or  without  returning  the  pencil  to  the  Poll  Clerk  from  whom 
he  received  it.  It  shall  be  unlawful  for  any  voter  to  at- 
tempt to  leave  the  room  with  a  ballot  or  the  pencil  used  in 
marking  ballots  in  his  possession.  And  any  voter  who  shall 
attempt  to  leave  the  room  with  a  ballot  or  such  pencil  in  his 
possession  shall  be  at  once  arrested  on  demand  of  any  mem- 
ber of  the  Election  Board.  Any  person  guilty  of  advising, 
counseling,  directing  or  electioneering  or  overlooking  a 
voter  when  preparing  his  ballot  shall  be  guilty  of  a  misde- 
meanor and  on  conviction  shall  be  fined  not  more  than  one 
hundred  dollars  ($100.00),  to  which  may  be  added  impris- 
onment in  the  county  jail  or  workhouse  not  exceeding  six 
(6)  months.  No  person  shall  be  entitled^  to  vote  at  any 
primary  unless  a  qualified  voter  of  the  precinct  and  duly 
registered  therein,  if  registration  be  required  by  law.  (R. 
S.  1908  and  1914,  §7077.) 


278 


GENERAL    LAWS 


344.    Illiterate  or  Disabled  Voter. 

24.  Any  illiterate  voter  who  is  unable  to  mark  his 
ballot,  or  any  person  who  because  of  physical  disability  is 
unable  to  mark  his  ballot  may  declare  his  choice  of  candi- 
dates to  the  Poll  Clerk  of  the  party  for  whose  candidates  he 
intends  to  vote,  who  shall  in  the  presence  of  the  Judge  of 
such  party  prepare  a  ballot  for  voting  in  the  manner  here- 
inbefore provided  and  read  the  same  to  the  elector  as 
marked :  Provided,  That  before  such  Clerk  shall  so  prepare 
such  ballot  such  voter  shall  make  affidavit  in  writing  that 
he  is  unable  to  read  the  English  language,  or  that  by  rea- 
son of  physical  disability,  setting  out  in  such  affidavit  the 
particulars  in  which  such  disability  exists,  he  is  unable  to 
mark  his  ballot.  Anyone  making  false  declarations  under 
the  provisions  of  this  section  shall  upon  conviction  be  fined 
in  any  sum  not  exceeding  five  dollars,  and  be  disfranchised 
for  a  period  of  five  years,  and  any  Clerk  who  shall  deceive 
any  elector  in  reading  or  marking  any  ballot  or  marking 
the  same  in  any  other  way  than  as  requested  by  such  elector, 
shall  be  guilty  of  a  felony  and  upon  conviction  shall  be 
imprisoned  in  the  State's  prison  or  reformatory  for  not 
less  than  two  (2)  nor  more  than  five  (5)  years,  and  be  dis- 
franchised for  any  determinate  period  not  less  than  five  (5 
years.    (R.  S.  1908  and  1914,  §7078.) 


345.    Challenge— Affidavit. 

25.  A  challenger  of  any  political  party  at  a  precinct 
or  any  member  of  the  Election  Board  may  challenge  any 
person  offering  to  vote  at  a  primary  on  the  ground  that  he 
is  not  a  legal  voter  of  the  precinct.  Any  qualified  voter  of 
a  precinct  who  has  voted  or  intends  to  vote  in  such  precinct 
upon  the  ballot  of  any  political  party  may  challenge  any 
other  person  offering  to  vote,  in  such  precinct  at  such  pri- 
mary, upon  the  ballot  of  the  same  political  party,  on  the 
ground  that  such  person  is  not  an  adherent  to  that  part 
If  so  challenged  on  the  ground  that  he  is  not  a  legal  vot 
such  person  shall  not  be  entitled  to  vote  unless  he  mak 
affidavit  or  affirimation,  in  writing,  that  he  is  a  citizen  in 
conformity  with  the  laws  of  this  State,  that  he  is  at  the  tim.( 
of  such  primary  a  bona  fide  resident  of  the  precinct  in  whi 
he  offers  to  vote  and  has  been  a  resident  continually  f 


I 


] 


r 


CONCERNING    ELECTIONS.  279 


thirty  days  last  past ;  that  if  he  continues  to  reside  in  said 

precinct  till  the day  of >  19 . . ,  the 

day  of  the  election  for  which  nominations  are  being  made 
at  such  primary,  he  will  then  have  resided  thirty  days  in 
said  precinct  and  sixty  days  in  the  township  or  ward  in 
which  it  is  situate;  will  be  more  than  twenty-one  years  of 
age  to  the  best  of  his  information  and  belief,  will  have  been 
a  bona  fide  resident  of  the  State  for  more  than  six  months 
immediately  preceding  such  election;  that  he  is  generally 
known  by  the  name  by  which  he  desires  to  vote,  stating  the 
name ;  that  he  has  not  voted  and  will  not  vote  at  any  other 
precinct  at  such  primary;  stating  his  occupation  and  spe- 
cifically where  he  resides  and  where  he  has  resided  for  the 
period  falling  within  six  months  prior  to  the  ensuing  said 
election,  with  the  date  of  any  removal  during  that  time,  and 
giving  the  names  of  two  persons  who  have  personal  knowl- 
edge of  his  residence  in  the  precinct  and  ward  or  township 
for  the  time  stated  by  him.  If  he  makes  such  affidavit  he 
shall  be  allowed  to  vote  as  against  such  challenge,  unless 
the  challenger  or  some  qualified  voter  of  the  precinct  make 
affidavit  in  writing  that  he  knows  or  is  informed  and  verily 
believes  that  the  person  offering  to  vote  is  not  a  legal  voter 
in  the  precinct  at  such  primary,  and  if  the  affidavit  be  on 
information  and  belief  he  shall  set  forth  the  names  of  the 
person  or  persons  from  whom  such  information  was  ob-  ' 
tained,  and  the  person  offering  to  vote  shall  not  thereafter 
be  allowed  to  vote,  except  one  qualified  voter  of  the  precinct, 
who  has  been  a  freeholder  and  resident  householder  therein 
for  at  least  one  year,  or  a  resident  householder  for  at  least 
two  years  next  preceding  such  primary,  shall  make  affidavit 
or  affirmation  in  writing  that  of  his  personal  knowledge 
such  person  offering  to  vote  is  a  legal  voter  of  said  pre- 
cinct at  such  primary.  Upon  such  affidavit  being  made,  he 
shall  be  allowed  to  vote.  If  challenged  on  the  ground  that 
he  is  not  an  adherent  to  the  party  upon  whose  ballot  he  in- 
tends to  vote,  such  person  shall  not  be  entitled  to  vote  un- 
less he  make  an  affidavit  to  the  effect  that  he  voted  at  the 
last  preceding  election  for  a  majority  of  the  candidates  of 
the  party  upon  whose  ballot  he  intends  to  vote  at  such  pri- 
mary, or  if  he  did  not  vote  at  the  last  preceding  election, 
then  at  the  last  election  at  which  he  voted,  and  that  such 
voter  so  challenged  intends  at  the  election  for  which  the 


280 


GENERAL    LAWS 


1 


candidates  nominated  at  such  primary  are  to  be  voted  for, 
to  vote  for  the  candidates  nominated  by  such  party  at  such 
primary,  which  affidavit,  with  the  blanks  filled  to  meet  the 
facts  may  be  in  the  following  form : 

State  of  Indiana, : 

I, ,  being  duly  sworn  upon  my  oath,  sa^ 

that   I   supported   a   majority   of   the   candidates    on   th( 

ticket  at  the  last  election  at  which 

voted,  and  will  support  a  majority  of  the  candidates  of  that 
party  at  the  next  election. 


Subscribed  and  sworn  to  this  ....  day  of ,19 

Upon  such  affidavit  being  made  he  shall  be  allowed  t 
vote.    (R.S.  1908  and  1914,  §7079.) 

346.    Count— Unvoted  Ballots. 


! 


26.  Immediately  on  closing  the  polls  the  Board  shall 
count  all  the  ballots  remaining  unvoted,  record  the  number^ 
of  the  same  on  the  tally  sheets  and  destroy  all  such  ballotaB 
by  totally  consumed  [consuming]  by  fire.     (R.  S.  1908  and 
1914,  §7080.) 

347.    Canvass — Watchers — Protested  Ballots. 

27.  The  Election  Board  shall,  before  beginning  to  can- 
vass the  votes  cast,  decide  which  political  party's  vote  shall 
first  be  canvassed,  and  upon  so  deciding  the  Board  shall 
begin  with  the  votes  of  such  party  by  laying  each  ballot 
upon  the  table  in  the  order  which  it  is  taken  from  the 
ballot  box.  Each  party  whose  candidates  are  to  be  nomi- 
nated at  such  primary  may  appoint  watchers  to  witness  tlie^ 
count  of  the  votes  as  now  provided  for  by  laws  governing 
general  elections.  The  Inspector  and  the  Judge  of  Electioi 
differing  in  politics  from  the  Inspector,  shall  view  the  bal-] 
lots  as  the  names  of  the  persons  voted  for  are  read  there- 
from. In  the  canvass  of  the  vote  any  member  of  the  Elec 
tion  Board  may  protest  as  to  the  counting  of  any  ballot,  oi 
any  part  thereof,  and  any  ballot  which  is  not  indorsed  with] 
the  initials  of  the  Clerks,  as  provided  by  law,  and  any  bal- 
lot which  shall  bear  any  distinguishing  mark  or  mutilatio] 
shall  be  void  and  shall  not  be  counted,  and  any  ballot  oi 


CONCERNING    ELECTIONS.  281 

part  of  ballot  from  which  it  is  impossible  to  determine  the 
elector's  choice  of  candidates  shall  not  be  counted  as  to  the 
candidate  affected  thereby;  and  all  such  ballots,  together 
with  all  protested,  disputed  or  uncounted  ballots,  shall  be 
preserved  by  the  Inspector  and  at  the  close  of  the  count 
placed,  with  the  seals  of  the  packages  of  the  ballots  of  the 
party  whose  vote  is  being  counted,  in  paper  bags  securely 
sealed  and  delivered  to  the  Election  Commissioners  of  the 
county  or  city,  as  provided  for  by  law  at  general  elections, 
with  the  number  of  ballots  so  placed  in  such  bags  endorsed 
thereon.  The  Clerks  shall  also  record  on  the  tally  sheets 
memoranda  of  such  ballots  and  the  condition  of  the  seal  of 
the  ballot  packages,  and  in  any  contest  of  nomination  such 
ballots  and  seals  may  be  submitted  in  evidence.  And  be- 
fore said  ballots  are  placed  in  the  bags  as  aforesaid,  one  of 
the  Clerks  shall  endorse  on  the  back  of  each  disputed  or 
protested  ballot  the  word  ^^ counted''  or  **not  counted,"  as 
the  case  may  be,  and  said  endorsements  shall  be  attested  by 
both  of  the  Clerks.  On  completing  the  count  and  recording 
the  same  on  the  tally  sheets,  all  the  remaining  ballots,  except 
those  marked,  mutilated  or  otherwise  defective  or  required 
to  be  preserved  as  in  this  section  hereinbefore  provided, 
shall  be  destroyed  by  the  Election  Board  by  totally  consum- 
ing by  fire,  and  thereupon  the  Election  Board  shall  immedi- 
ately make  a  memorandum  of  the  total  vote  cast  for  each 
candidate  and  deliver  a  copy  thereof  to  each  member  of  the 
Board.  After  fully  completing  the  canvass  of  the  ballots  of 
the  one  political  party  the  Election  Board  shall  proceed  to 
canvass  in  turn  the  votes  of  all  other  political  parties  par- 
ticipating in  such  primary.  No  person  other  than  election 
officers,  watchers  and  Election  Sheriffs  shall  be  permitted 
in  the  room  during  the  canvass  of  the  votes.  (R.  S.  1908 
and  1914,  §7081.) 

348.    Board  of  Canvassers — Duties. 

28.  The  Boards  of  Canvassers,  as  constituted  and 
provided  for  by  the  election  laws  of  the  State,  shall  consti- 
tute and  be  the  Board  of  Canvassers  for  primary  elections, 
and  all  the  provisions  of  election  laws  relating  to  the  duties 
of  such  Boards  of  Canvassers  relating  to  the  canvass  of  the 
return  of  a  general  election,  except  as  otherwise  herein  pro- 


!82  GENERAL    LAWS 


\ 


vided,  shall,  as  far  as  applicable,  apply  to  the  canvass,  re- 
turn and  certification  of  the  result  of  such  primary:    Pro- 
vided, That  in  case  of  a  tie  vote  for  any  candidate  the  ti 
shall  forthwith  be  determined  by  lot  by  the  Board  of  Ca: 
vassers.     (R.  S.  1908  and  1914,  §7082.) 


349.    Expenses — How  Paid. 

29.  All  ballots,  blanks  and  other  supplies  to  be  used 
at  any  primary  and  all  expenses  necessarily  incurred  in  the 
preparation  for,  or  conducting  such  primary  shall  be  paid 
out  of  the  city,  county  or  State  treasury,  as  the  case  may 
be,  in  the  same  manner,  with  like  effect  and  by  the  same 
officers  as  in  case  of  general  elections.  (R.  S.  1908  and 
1914,  §7083.) 


350.    City  Officers — Provisions  for  Primary. 

30.     Every  primary  for  the  nomination  of  candidates 
for  city  offices,  held  under  the  provisions  of  this  Act,  shall 
be  held  in  accordance  with  and  governed  by  the  provisions 
of  this  Act  the  same  as  county  primaries,  except  that  the 
duties  herein  required  to  be  performed  by  the  Clerk  of  the 
Circuit  Court  and  the  County  Auditor  shall  be  performed 
by  the  Clerk  of  the  city.    The  duties  herein  required  by  the 
County  Board  of  Elections  shall  be  performed  by  the  Cit] 
Board  of  Elections.      The  duties  herein  required  by  tl 
Board  of  County  Commissioners  shall  be  performed  by  tl 
City  Council.    The  duties  of  the  County  Sheriff  shall  be  pei 
formed  by  the  Chief  of  Police  or  the  chief  police  officer 
the  city  by  whatever  name.     All  the  rights  and  powei 
given  to  chairmen  of  County  Central  Committees  in  conne< 
tion  with  county  primaries  shall  be  exercised  by  the  chaii 
men  of  the  City  Central  Committees  providing  that  [if] 
any  case  there  should  be  no  chairman  of  a  City  Centra 
Committee  of  any  party,  then  said  right  and  powers  shj 
be  exercised  by  the  chairman  of  the  County  Central  Coi 
mittee.     City  officers  shall  perform  the  duties  herein  pr( 
scribed,  subject  to  the  same  penalties  that  apply  to  couni 
officers  in  whose  stead  they  act  at  city  primaries.     (R. 
1908  and  1914,  §7084.) 


OONCERNINa    ELECTIONS.  283 

351.    Notices  by  Publication. 

31.  Every  publication  required  in  this  act  shall  be 
made  in  two  newspapers  of  general  circulation  in  such  coun- 
ty, city  or  town.  One  of  such  newspapers  shall  represent 
the  political  party  that  cast  the  largest  vote  in  such  county 
or  city  at  the  preceding  general  election,  and  one  of  such 
papers  shall  represent  the  political  party  that  cast  the  next 
largest  vote  in  such  county  or  city  at  the  preceding  elec- 
tion. In  any  case  where  the  publication  of  a  notice  can  not 
be  made  as  hereinbefore  required,  it  may  be  made  in  any 
paper  having  a  general  circulation  in  the  county  or  city  in 
which  the  notice  is  required  to  be  published.  (R.  S.  1908 
and  1914,  §7085.) 

352'.    Powers  of  Inspectors. 

32.  The  Inspectors  of  such  primary  election  are  hereby 
authorized  and  empowered  to  administer  all  oaths  required 
in  carrying  out  the  provisions  of  this  Act  except  as  herein 
otherwise  provided  for.     (R.  S.  1908  and  1914,  §7086.) 

353.  Vacancies — How  Filled. 

33.  In  case  any  candidate  nominated  under  the  pro- 
visions of  this  Act  shall  die,  resign  or  for  any  reason  be- 
come ineligible,  the  County,  Township  or  City  Committee, 
as  the  case  may  be,  shall  fill  such  vacancy  upon  the  call  of 
the  chairman  of  such  committee,  and  the  name  or  names  of 
the  person  or  persons  so  nominated  shall  be  certified  to  the 
Board  of  Primary  Election  Commissioners  by  the  chairman 
of  such  committee  with  the  attest  of  the  secretary  of  such 
committee.     (E.  S.  1908  and  1914,  §7087.) 

354.  Computation  of  Time. 

34.  In  the  computation  of  time  hereunder  the  first  day 
shall  not  be  counted,  the  last  shall  be  counted,  and  Sundays 
and  holidays  shall  be  counted.  (E.  S.  1908  and  1914, 
§7088.) 

355.  Illegal  Voting — Penalty. 

35.  Whoever,  not  having  the  legal  qualifications  of  a 
voter  at  any  primary  election  authorized  by  law  to  be  held 


284  GENERAL    LAWS 

in  this  State,  votes,  or  offers  to  vote,  at  such  primary  elec- 
tion, shall  be  fined  not  more  than  one  hundred  dollars  nor^ 
less  than  ten  dollars,  or  imprisoned  in  the  county  jail  no 
more  than  one  year  nor  less  than  one  month,  or  both,  an 
disfranchised  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908 
and  1914,  §7089.) 

356.    Voting  in  Wrong  Place — Penalty. 


36.  Whoever  knowingly  votes  or  offers  to  vote  at  a  pri- 
mary election  in  any  precinct  or  ward  except  the  one  in 
which  he  resides  shall  be  fined  not  more  than  one  hundred 
dollars  nor  less  than  ten  dollars,  or  imprisoned  in  the 
county  jail  not  more  than  one  year  nor  less  than  one  month, 
or  both,  and  disfranchised  and  rendered  incapable  of  hold- 
ing any  office  of  trust  or  profit  for  any  determinate  period. 
(R.  S.  1908  and  1914,  §7090.) 


I 

»_ 

i 

I 


357.    Voting  More  Than  Once — Penalty. 


37.  Whoever  votes  more  than  once  at  any  primary  elec 
tion  in  this  State,  either  at  the  same  precinct  or  ward  or 
at  different  precincts  or  wards,  shall  be  fined  not  more  than 
five  hundred  dollars  nor  less  than  ten  dollars,  imprisoned  in 
the  State  prison  not  more  than  two  years  nor  less  than  one 
year,  and  disfranchised  and  rendered  incapable  of  holding 
any  office  or  trust  or  profit  for  any  determinate  period.  (R. 
S.  1908  and  1914,  §7091.) 

258.    Printing  of  Ballots— Penalty. 

38.  If  the  printer  of  ballots  for  any  primary  election^ 
or  any  person  employed  in  printing  the  same,  shall  give  oi 
deliver,  or  knowingly  permit  to  be  taken,  any  of  said  bal- 
lots by  any  person  other  than  a  member  of  the  Board  o1 
Primary  Election  Commissioners  or  cause  or  permit  to  b< 
printed  any  ballot  in  any  other  form  than  the  one  prescribe( 
by  this  Act,  or  with  other  names  thereon,  or  with  the  names 
spelled  or  the  names  or  devices  thereon  arranged  any  othei 
way  than  that  authorized  and  directed  by  the  said  Board  oi 
Primary  Election  Commissioners,  he  shall  be  guilty  of  fel- 
ony, and  on  conviction  thereof  shall  be  imprisoned  in  th( 


CONCERNING    ELECTIONS.  285 

State  penitentiary  not  less  than  three  nor  more  than  ten 
years,  and  be  disfranchised  for  any  determinate  period  not 
less  than  ten  years.     (R.  S.  1908  and  1914,  §7092.) 

359.  Election  Commissioners — Penalty. 

39.  If  any  member  of  the  Board  of  Primary  Election 
Commissioners  shall  give  or  deliver  to  any  other  person  any 
of  the  ballots  therefor,  or  shall  permit  any  of  them  to  be 
taken  away,  except  as  herein  provided,  he  or  they  shall  be 
guilty  of  a  felony,  and  on  conviction  shall  be  punished  by 
imprisonment  in  the  State  penitentiary  for  not  less  than  one 
nor  more  than  five  years  and  be  disfranchised  for  any  de- 
terminate period  not  less  than  ten  years.  (E.  S.  1908  and 
1914,  §7093.) 

360.  Custodian  of  Ballots— Penalty. 

40.  If  any  person  shall  take  or  remove  in  any  man- 
ner feloniously  or  with  the  consent  or  permission  of  the  cus- 
todian for  the  time,  from  any  place  where  they  may  law- 
fully be  under  this  Act,  any  of  such  ballots  or  pencils  (ex- 
cept as  an  official  or  custodian  under  this  Act,  or  while 
within  the  polling  place  for  the  purpose  of  voting) ;  or  if 
any  such  custodian  or  official  shall  consent  to,  or  permit, 
any  of  such  ballots  or  pencils  to  be  removed  or  carried  away 
from  the  place  where  they  may  lawfully  be,  by  any  person, 
except  an  official  or  custodian  under  this  act,  whose  duty  it 
is  to  receive  the  same,  such  person,  custodian  or  official 
shall  be  deemed  guilty  of  a  felony,  and  on  conviction  shall 
be  punished  by  imprisonment  in  the  penitentiary  for  not 
less  than  one  year  nor  more  than  five  years,  and  be  disfran- 
chised for  any  determinate  period  not  less  than  ten  years. 
(R.  S.  1908  and  1914,  §7094.) 

361.  Inspector — Failure  to  Appear — Penalty. 

41.  Any  Inspector  who  shall  wilfully  or  negligently 
fail  to  appear  at  the  proper  Clerk  ^s  office,  in  person  or  by 
representative,  not  less  than  one  day  nor  more  than  three, 
as  herein  provided,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  and  shall  thereafter  be  in- 
competent to  serve  as  an  Inspector.  (R.  S.  1908  and  1914, 
§7095.) 


286 


GENERAL   LAWS 


362.  Illegal  Voting— Affidavit— Arrest. 

42.  If  at  any  time  during  a  primary  election  any  quali- 
fied elector  shall  make  affidavit  before  the  Inspector  that 
any  person  who  has  voted  is  an  illegal  voter  in  such  pre- 
cinct, the  person  accused  shall  at  once  be  arrested  by  the 
Election  Sheriff  or  other  peace  officers  and  by  them  deliv- 
ered to  the  civil  authorities.  Immediately  after  the  close 
of  the  election  the  Inspector  shall  deliver  such  affidavit  to 
some  Justice  of  the  Peace  in  the  township,  who  shall  pro- 
ceed thereon  as  if  the  affidavit  had  been  made  before  him. 
(R.  S.  1908  and  1914,  §7096.) 

363.  False  Affidavit— Perjury. 

43.  Whoever  shall  knowingly  or  wilfully  make  a  false 
affidavit  under  any  of  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  perjury.     (E.  S.  1908  and  1914,  §7097.) 

364.  Inspector,  Clerk  or  Person — Ballots — Penalty. 

44.  No  Inspector  of  primary  elections,  or  Clerk  acting 
for  an  Inspector,  shall  deposit  any  ballot  upon  which  the 
initials  of  the  Poll  Clerks,  as  hereinbefore  provided  for, 
does  not  appear,  or  any  ballot  on  which  appear  externally 
any  distinguishing  mark,  defacement  or  mutilation.  If  any 
Inspector,  Clerk  or  other  person  intrusted  with  the  custody 
or  control  of  any  ballot  or  ballots,  either  before  or  after 
they  have  been  voted,  shall  in  any  way  mark,  mutilate  or 
deface  any  ballot  or  place  any  distinguishing  mark  thereon, 
either  for  the  purpose  of  identifying  the  same  (except  by 
numbering  protested  ballots  for  future  reference),  or  for 
the  purpose  of  vitiating  the  same,  he  shall  be  guilty  of  a 
felony,  and  on  conviction  shall  be  imprisoned  in  the  State 's 
prison  not  more  than  five  nor  less  than  one  year  and  fined 
in  any  sum  not  exceeding  one  thousand  dollars.  (R.  S. 
1908  and  1914,  §7098.) 

365.  Opening  or  Loss  of  Ballots — Penalty. 

45.  Any  Clerk,  Inspector  or  other  messenger  intrustec 
with  the  custody  of  the  ballots  who  shall  open  any  of  th< 
packages  in  which  the  ballots  are  contained,  or  permit  thei 
to  be  destroyed,  or  give  or  deliver  any  such  packages  orj 
ballots  to  any  p.erson  not  lawfully  entitled  to  receive  them, 


CONCERNING    ELECTIONS.  287 

as  herein  provided;  or  conspire  to  procure,  or  in  any  way 
aid,  abet  or  connive  at  any  robbery,  loss  or  destruction  of 
any  such  ballots  or  packages,  shall  be  guilty  of  a  felony,  and 
on  conviction  shall  be  punished  by  imprisonment  in  the 
State  prison  for  not  less  than  three  nor  more  than  ten 
years,  and  be  disfranchised  for  any  determinate  period  not 
less  than  ten  years.     (R.  S.  1908  and  1914,  §7099.) 

366.  Conspiring  to  Distinguish  Ballot — Penalty. 

46.  If  any  person  shall  induce  or  attempt  to  induce 
any  voter  at  a  primary  election  to  write,  paste,  or  otherwise 
place  on  his  ballot  the  name  of  any  person  or  any  sign  or 
device  of  any  kind  as  a  distinguishing  mark  by  which  to  in- 
dicate to  any  other  person  how  such  elector  has  voted,  or 
shall  enter  into  or  attempt  to  form  any  agreement  or  con- 
spiracy with  any  other  person  to  induce  or  attempt  to  in- 
duce voters,  or  any  voter,  to  so  place  any  distinguishing 
name  or  mark  on  his  ballot,  whether  or  not  said  act  be  com- 
mitted, or  attempted  to  be  committed,  such  person  so  of- 
fending shall  be  guilty  of  a  felony,  and  on  conviction,  be  im- 
prisoned not  more  than  five  nor  less  than  one  year  in  the 
State's  prison.     (R.  S.  1908  and  1914,  §7100.) 

367.  Prevention  of  Votes — Penalty. 

47.  If  any  person  shall,  directly  or  indirectly,  give, 
offer  or  promise  to  give,  to  any  elector,  any  money,  prop- 
erty or  other  thing  of  value,  for  the  purpose  [of]  prevent- 
ing, influencing,  inducing  or  procuring  such  elector  to  re- 
frain from  voting  or  to  remain  away  from  the  polls  at  any 
primary  election,  such  person  so  offending  shall  be  guilty 
of  felony,  and,  on  conviction,  be  imprisoned  not  more  than 
^ve  years  nor  less  than  six  months  and  be  disfranchised  for 
any  determinate  period  not  less  than  ten  years.  (R.  S. 
1908  and  1914,  §7101.) 

368.  Purchase  of  Votes — Penalty. 

48.  If  any  person  shall  give  or  offer  to  give,  directly 
or  indirectly,  any  money,  property  or  other  thing  of  value 
to  any  elector  to  influence  his  vote  at  a  primary  election ;  or 
if  any  person  shall,  at  such  election,  solicit,  furnish  or  re- 
ceive any  money  or  other  means  for  such  purpose,  or  shall 


288  GENEEAL    LAWS 

aid,  advise,  counsel  or  suggest  to  any  person,  or  to  persons 
generally,  to  use  or  procure  any  money  or  other  means  to  be 
used  to  induce,  hire  or  buy  any  person  or  persons  to  vote 
or  refrain  from  voting  for  any  candidate  or  candidates  or 
to  remain  away  from  the  polls  at  uny  primary  election, 
whether  or  not  any  such  person  shall  act  upon  any  such 
counsel,  advice  or  suggestion,  such  person  so  offending  shall 
be  guilty  of  felony,  and,  on  conviction,  be  imprisoned  for 
not  more  than  five  years  not  less  than  six  months  and  be 
disfranchised  for  any  determinate  period  not  less  than  ten 
years.     (R.  S.  1908  and  1914,  §7102.) 

369.  Immunity  for  Witnesses. 

49.  If  any  person  who  has  been  guilty  of  giving  money 
or  other  thing  of  value  to  another  or  others  for  the  pur- 
pose of  influencing  his  or  their  vote  at  a  primary  election, 
or  use  in  influencing  the  vote  of  another  shall  inform  upon 
and  testify  against  the  person  or  persons  receiving  the 
money  in  a  prosecution  therefor,  the  person  so  informing 
and  testifying  shall  not  be  thereafter  prosecuted  for  his 
guilt  or  connection  with  the  transaction ;  and  if  any  person 
who  has  received  money  or  other  thing  of  value  from  an- 
other or  others  for  the  purpose  of  influencing  his  vote  at 
any  primary  election,  or  for  the  purpose  of  being  used  to 
influence  the  vote  of  others,  shall  inform  upon  or  testify 
against  the  person  or  persons  from  whom  he  received  the 
same,  in  a  prosecution  for  such  giving,  such  person  so  in- 
forming and  testifying  shall  not  be  thereafter  prosecuted 
for  his  guilt  in  connection  with  the  transaction.  (R.  S.  1908 
and  1914,  §7103.) 

370.  Revealing  Vote — Penalty. 

50.  if  any  person,  being  a  member  of  a  Primary  Elec 
tion  Board  or  otherwise  entitled  to  the  inspection  of  tl 
ballots,  shall  reveal  to  any  other  person  how  any  elector  hi 
voted,  or  give  any  information  concerning  the  appear an( 
of  any  ballot  voted,  such  person  so  offending  shall  be  guilt] 
of  a  felony,  and,  on  conviction,  shall  be  imprisoned  n( 
less  than  six  months  nor  more  than  five  years  in  the  Stal 
prison,  and  be  disfranchised  for  any  determinate  perioj 
not  less  than  ten  years.    (R.  S.  1908  and  1914,  §7104.) 


CONCERNING    ELECTIONS.  289 

371.  Influencing  Board — Penalty. 

51.  If  any  person  sliall  induce,  or  attempt  to  induce, 
any  member  of  a  Primary  Election  Board  to  violate  any  of 
the  provisions  of  the  preceding  section,  whether  or  not  such 
member  of  the  Election  Board  shall  violate  or  attempt  to 
violate  any  of  the  provisions  of  this  Act,  such  person  so 
offending  shall  be  guilty  of  felony,  and  on  conviction,  shall 
be  imprisoned  in  the  State  prison  not  less  than  one  year,  nor 
more  than  five  years,  and  be  disfranchised  for  any  deter- 
minate period  not  less  than  ten  years.  (R.  S.  1908  and 
1914,  §7105.) 

372.  Unlawful  Acts — Secrecy  of  Ballot — Penalties. 

52.  Any  person  who.  shall,  during  a  primary  election, 
remove  or  destroy  any  of  the  supplies  or  other  conve- 
niences placed  in  the  booths  as  aforesaid  or  delivered  to  the 
voter  for  the  purpose  of  enabling  the  voter  to  prepare  his 
ballot,  or  shall,  during  a  primary  election,  remove,  tear 
down  or  deface  the  cards  printed  for  the  instruction  of  the 
voters,  or  shall  during  a  primary  election  destroy  or  remove 
any  booth,  railing  or  other  convenience  provided  for  such 
election,  or  shall  induce  or  attempt  to  induce  any  person  to 
commit  any  of  such  acts,  whether  or  not  any  of  such  acts 
are  committed,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  punished  by  imprisonment  for  not  less 
than  six  months  nor  more  than  one  year  and  be  disfran- 
chised for  any  determinate  period  not  less  than  ten  years. 
No  officer  of  a  primary  election  shall  disclose  to  any  person 
the  name  of  any  candidate  for  whom  any  elector  has  voted. 
No  officer  o'f  a  primary  election  shall  do  any  electioneering 
on  election  day.  No  person  whatever  shall  do  any  election- 
eering on  primary  election  day  within  any  polling  place,  or 
within  fifty  feet  of  any  polling  place.  No  person  shall  apply 
for  or  receive  any  ballot  in  any  polling  place  other  than 
that  in  which  he  is  entitled  to  vote.  No  person  shall  show 
his  ballot  after  it  is  marked  to  any  person  in  such  a  way  as 
to  reveal  the  contents  thereof  or  the  name  of  any  candidate 
or  candidates  for  whom  he  has  marked  his  vote ;  nor  shall 
any  person  examine  a  ballot  which  any  person  has  pre- 
sented for  voting  or  solicit  the  voter  to  show  the  same.  No 
person,  except  the  Inspector  of  a  primary  election  or  the 

1^—1779 


290 


GENERAL    LAWS 


Clerk  who  may  be  temporarily  acting  for  Mm,  shall  receive 
from  any  voter  a  ballot  prepared  by  him  for  voting.  No 
voter  shall  receive  a  ballot  from  any  person  other  than  one 
of  the  Poll  Clerks ;  nor  shall  any  person  other  than  the  Poll 
Clerk  deliver  a  ballot  to^an  elector  to  be  voted.  No  voter 
shall  deliver  any  ballot  to  an  Inspector  to  be  voted  except 
the  one  he  receives  from  the  Poll  Clerk.  No  voter  shall 
place  any  mark  upon  his  ballot  or  suffer  or  permit  any  other 
person  to  do  so  by  which  it  may  be  afterwards  identified  as 
the  one  voted  by  him.  Whoever  shall  violate  any  provision 
of  this  section  shall  be  deemed  guilty  of  a  felony,  and,  on 
conviction,  shall  be  punished  by  imprisonment  for  not  less 
than  six  months  nor  more  than  one  year,  or  by  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  or  both,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  years.  (E.  S.  1908  and  1914, 
§7106.) 

373.  Public  Officers^Duties — Penalties. 

53.  Any  public  ofiicer,  upon  whom  any  duty  is  im- 
posed by  this  Act,  who  shall  wilfully  neglect  or  omit  to  per- 
form such  duties,  or  do  any  act  prohibited  therein,  for 
which  punishment  is  not  otherwise  herein  provided,  shall  be 
deemed  guilty  of  a  felony,  and,  on  conviction,  shall  be  pun- 
ished by  imprisonment  in  the  State  prison  for  not  less  than 
three  months  nor  more  than  three  years,  or  by  a  fine  of  not 
more  than  three  thousand  dollars,  or  by  both  such  fine  ancjdB 
imprisonment,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  years.  (R.  S.  1908  and  1914, 
§7107.)  • 

374.  Affidavits — Delivery  and  Investigation. 

54.  All  ajGfidavits  provided  in  this  Act  to  be  used  on 
the  day  of  election  at  the  several  polling  places  shall,  at  the 
close  of  the  count,  be  placed  in  a  strong  paper  bag,  or  en- 
velope, by  the  Primary  Election  Board,  and  securely  sealed 
by  them,  each  member  endorsing  his  name  on  the  back  oi 
such  bag  or  envelope.  Such  bag  or  envelope  shall  be  deliv- 
ered within  three  days  after  the  election  by  the  Inspector  t( 
the  Clerk  of  the  Circuit  Court  of  the  county,  whose  duty  i1 
shall  be  to  carefully  preserve  the  same,  and  deliver  it,  wit! 


CfONOERNlNG    ELECtlOJfS.  291 

the  seal  unbroken,  to  the  foreman  of  the  grand  jury  when 
next  in  session.  It  shall  be  the  duty  of  such  grand  jury  to 
inquire  into  the  truth  or  falsity  of  such  affidavits.  (R.  S. 
1908  and  1914,  §7108.) 

375.  Voting  Machines — Use. 

55.  If  in  any  county  or  city  voting  machines  shall  have 
been  adopted  under  the  laws  of  this  State,  and  shall  be  on 
hand  for  use  at  the  general  city  election,  such  machines 
may,  by  the  order  of  County  Commissioners,  or  ordinance 
of  the  City  Council,  be  adopted  for  use  at  primary  elections 
in  such  county  or  city  and  used.  When  so  adopted  all  pro- 
visions of  the  laws  of  this  State  providing  for  or  applying 
for  their  use  at  elections  not  inconsistent  with  the  provi- 
sions of  this  Act,  and  all  provisions  of  this  Act  as  far  as 
applicable,  shall  apply  to  the  use  of  such  voting  machines 
at  such  primary  elections.     (B.  S.  1908  and  1914,  §7109.) 

376.  Maimer  of  Machine  Voting. 

56.  In  any  county  or  city  where  voting  machines  are 
used  in  any  precinct  at  any  primary  election,  the  Inspector 
of  such  election  in  such  precinct,  before  permitting  any 
voter  to  register  his  vote  upon  such  machine  and  after  as- 
certaining with  which  party  such  voter  affiliates,  shall  set 
or  cause  the  voting  machine  to  be  set  so  that  the  voter  can 
only  vote  for  the  candidates  of  the  party  with  which  he  has 
announced  his  affiliation  and  no  other,  and  after  the  ma- 
chine is  so  set  the  voter  shall  be  permitted  to  register  his 
vote  upon  the  machine.     (R.  S.  1908  and  1914,  §7110.) 

377.  General  Statutes — Application. 

57.  The  provisions  of  the  statutes  now  in  force  in  re- 
lation to  the  holding  of  elections  shall  apply  to  all  primaries 
in  so  far  as  they  are  consistent  with  this  Act,  the  intent  of 
this  Act  being  to  place  the  primary  under  the  regulation 
and  protection  of  laws  now  in  force  as  to  elections.  (R  vS. 
1908  and  1914,  §7111.) 


292  GENERAL   LAWS 

CHAPTER  7. 


SCHOOL  COMMISSIONERS. 

SBC.  SEC. 

378.  Board  of  School  Commissioners.  380.    Term  of  office — Nominations. 

379.  Qualification.s  of  members.  381.    Organization  of  first  Board. 

[1899,  p.  434.    Approved  and  in  force  March  4,  1899.] 

378.  Board  of  School  Commissioners. 

1.  The  government  of  common  schools  in  cities  of  one 
hundred  thousand  or  more  inhabitants,  according  to  the 
last  United  States  census,  shall  be  vested  in  a  Board  of 
School  Commissioners,  which  shall  consist  of  five  School 
Commissioners.  The  said  Board  of  School  Commissioners 
shall  have  and  exercise  all  the  powers  now  conferred  by  an 
Act  of  the  General  Assembly  of  this  State,  approved  March 
3,  1871,  entitled  '^An  Act  providing  for  a  general  system  of 
common  schools  in  all  cities  of  thirty  thousand  or  more  in- 
habitants, and  for  the  election  of  a  Board  of  School  Com- 
missioners for  such  cities  and  defining  their  duties  and  pre- 
scribing their  powers,  and  providing  for  common  school  li- 
braries within  such  cities,'^  and  all  acts  amendatory  there- 
of and  supplemental  thereto ;  and  also  all  powers  now  con- 
ferred by  la  won  Boards  of  School  Commissioners  in  cities 
of  thirty  thousand  or  more  inhabitants,  according  to  the 
United  States  census  of  1870,  as  well  as  the  powers  now  con- 
ferred by  law  on  Boards  of  School  Commissioners  in  cities 
of  one  hundred  thousand  or  more  inhabitants,  except  as 
otherwise  herein  provided.  And  said  Board  of  School  Com- 
missioners provided  for  by  this  Act  shall  assume,  pay  and 
be  liable  for  all  the  indebtedness  and  liabilities  of  Boards 
of  School  Commissioners  heretofore  elected  under  the  above 
described  acts.  (R.  S.  1908  and  1914,  §6515;  R.  S.  1901, 
§3904x.) 

379.  Qualifications  of  Members. 

2.  The  members  of  such  Board  of  School  Commis- 
sioners shall  be  at  least  twenty-five  years  of  age,  residents 
of  the  city,  and  shall  have  been  such  residents  for  at  least 
three  years  immediately  preceding  their  election.  The 
shall  be  ineligible  to  any  elective  or  appointive  office  unde 


1 


CONCERNING    ELECTIONS.  293 

such  Board  of  School  Commissioners  and  under  the  govern- 
ment of  such  city  while  holding  membership  in  said  Board. 
They  shall  not  be  interested  in  any  contract  with  or*  claim 
against  the  school  city  in  which  they  are  elected,  either  di- 
rectly or  indirectly.  If  at  any  time  after  the  election  of  any 
member  of  said  Board  he  shall  become  interested  in  any 
such  contract  with  or  claim  against  said  school  city,  he 
shall  thereupon  be  disqualified  to  continue  as  a  member  of 
said  Board,  and  a  vacancy  shall  thereby  be  created.  Every 
member  of  said  Board  shall,  before  assuming  the  duties  of 
his  office,  take  an  oath  before  some  one  qualified  to  adminis- 
ter oaths  that  he  possesses  all  of  the  qualifications  required 
by  this  Act,  that  he  will  honestly  and  faithfully  discharge 
the  duties  of  his  office,  that  he  will  not,  while  serving  as  a 
member  of  such  Board,  become  interested,  directly  or  indi- 
rectly, in  any  contract  with  or  claim  against  said  school 
city,  and  that  he  will  not  be  influenced  during  his  term  of 
office  by  any  consideration  of  politics  or  religion  or  any- 
thing except  that  of  merit  and  fitness  in  the  appointment  of 
officers  and  the  engagement  of  employes.  No  compensation 
shall  be  received  by  members  of  the  Board,  but  they  shall 
be  exempt  from  jury  duty  during  their  term  of  office.  (R. 
S.  1908  and  1914,  §6516;  E.  S.  1901,  §3904y.) 

[Acts  1903,  p.  5.    Approved  January  29,  1903.] 

380.    Term  of  Office — ^Nominations. 

3.  The  said  Board  of  School  Commissioners  shall  be 
elected,  except  as  specified  in  Sec.  4  of  this  act,  on  a  gen- 
eral ticket  for  the  term  of  four  years,  by  the  voters  of  such 
city  qualified  to  vote  at  its  city  elections.  The  members 
of  such  Board  shall  be  elected  at  the  regular  city  election 
of  such  civil  city,  and  shall  be  taken  from  the  city  at  large 
without  reference  to  districts,  and  such  elections  shall  be 
held  under  the  provisions  of  the  general  laws  governing 
such  city  elections,  so  far  as  they  are  not  inconsistent  with 
the  provisions  of  this  Act.  The  expense  of  such  election, 
except  that  of  printing  the  ballots,  shall  be  borne  by  the 
civil  city.  Not  later  than  forty  days  before  any  election  for 
members  of  the  Board  of  School  Commissioners,  provided 
for  in  this  Act,  householders  of  said  city  may  present  names 
of  candidates  for  election  as  members  of  said  Board  of 


294  GENEEAL    LAWS 

School  Commissioners  by  filing  the  nominations  in  the  office 
of  the  Comptroller  of  said  city  in  the  manner  following: 
Each  candidate  shall  be  proposed  in  writing  by  not  fewer 
than  three  hundred  householders  of  said  city.  No  more 
than  one  candidate  may  be  named  in  any  one  petition  and 
no  person  may  sign  more  than  one  petition  for  any  one  elec- 
tion. Upon  the  filing  of  such  petitions  in  the  office  of  the 
Comptroller,  as  aforesaid,  the  Comptroller  shall  place  the 
same  in  the  public  files  of  his  office  and  for  ^ve  days,  the 
last  of  which  shall  be  not  less  than  thirty  days  before  the 
election,  he  shall  publish  the  names  proposed  in  two 
daily  newspapers  of  the  city,  and  at  the  time  required  by 
law  shall  certify  such  nominations  to  the  regular  Board  of 
Election  Commissioners  for  said  city  election  Any  one  thus 
nominated  may  withdraw  his  nomination  by  a  written  decli- 
nation filed  with  the  Comptroller  before  the  certification  of 
the  same  as  aforesaid.  The  Comptroller  shall  not  certify  or 
publish  the  name  of  any  candidate  who  shall  appear  to  be 
ineligible  under  the  provisions  of  Section  2  of  this  Act.  The 
Election  Commissioners  shall  prepare  ballots  the  color  and 
quality  of  whose  paper  shall  be  the  same  as  that  of  the  reg- 
ular city  ballots.  The  ballots  so  prepared  shall  contain  the 
names  of  all  such  candidates  arranged  in  alphabetical  order 
in  columns  according  to  the  following  method :  The  names 
of  candidates  for  each  term  shall  be  printed  in  a  separate 
column,  those  for  the  regular  term  in  the  first  column  and 
those  to  fill  vacancies  in  the  second  column,  and  such  names 
shall  be  printed  upon  the  ballots  in  rotation  in  such  man- 
ner, as  nearly  as  possible,  that  the  name  of  each  candidate 
shall  appear  at  the  head  of  the  column  for  his  term,  whether 
the  regular  or  the  vacancy  term,  as  often  as  that  of  any 
other  such  candidate  shall  so  appear,  and  in  the  second 
place  a  like  number  of  times,  and  so  on.  In  printing  the 
ballots  the  positions  of  the  several  names  shall  be  changed 
as  many  times  as  there  are  candidates  to  be  voted  for.  In 
changing  the  position,  the  printer  shall  take  the  name  at 
the  head  of  the  column  and  put  it  at  the  foot,  raising  th( 
remainder  of  the  column  so  that  the  name  that  was  secon< 
before  the  change  shall  be  first  after  the  change.  Aftei 
the  ballots  are  printed  they  shall  be  kept  in  separate  pilesj 
one  pile  for_^each  change  of  position,  and  then  gathered  b^ 
taking  one  from  each  pile  and  placing  it  upon  the  pile  to  b( 


CONCERNING    ELECTIONS.  295 

blocked  in  such  a  way  that  every  block  of  one  hundred  bal- 
lots (and  all  ballots  shall  be  sent  out  in  blocks  of  one  hun- 
dred each)  shall  have  as  nearly  as  possible  an  equal  num- 
ber of  ballots  of  each  kind,  and  the  name  of  each  candidate 
thereon  shall  appear  severally  in  first,  second,  third  and 
fourth  place,  and  so  on,  upon  the  several  ballots  an  equal 
number  of  times  with  each  of  the  other  candidates  for  the 
said  term.     There  shall  be  nothing  on  the  face  of  said  bal- 
lots except  as  otherwise  provided  herein  and  except  the 
names  of  the  candidates  and  the  respective  terms  for  which 
they  are  candidates,  together  with  a  square  in  front  of  each 
name  and  a  statement  at  the  head  of  each  column  of  the 
number  of  candidates  for  that  term  for  whom  the  elector 
may  vote,  and  that  the  elector  shall  indicate  his  choice  by 
marking  a  cross  in  the  square  opposite  the  name  of  each 
candidate  for  whom  he  votes,  and  not  elsewhere.     Such  bal- 
lots shall  be  voted  at  the  regular  city  election  and  deposited 
in  a  separate  ballot  box  to  be  provided  for  the  purpose. 
Each  elector  may  vote  for  as  many  candidates  as  there  are 
members  to  be  elected  by  marking  a  cross  in  the  square  op- 
posite the  name  of  each  candidate  for  whom  he  votes.     No 
election  officer,  challenger,  or  poll-book  holder  shall  indi- 
cate to  any  elector  offering  himself  to  vote  what  he  be- 
lieves or  understands  to  be  the  political  affiliation  of  any 
candidate  for  School  Commissioner.     The  candidates,  in 
number  equal  to  the  number  of  members  to  be  chosen,  for 
the  respective  terms  for  which  they  shall  have  been  nomi- 
nated, who  have  the  highest  number  of  votes  of  those  cast 
for  such  term,  shall  be  declared  elected.     If  at  any  election 
a  member  is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out 
an  unexpired  term,  candidates  may  be  chosen  as  above  pro- 
vided, but  they  shall  in  all  cases  be  nominated  or  proposed 
for  such  vacancy  and  designated  in  the  petition  and  on  the 
ballot  as  candidates  to  fill  such  vacancy,  and  the  date  of  the 
expiration  of  the  unexpierd  term  shall  be  stated.    The  va- 
cancies in  said  Board  of  School  Commissioners  shall  be 
filled  temporarily  by  the  Board  as  soon  as  practicable  after 
such  vacancy  occurs.     Such  member  so  chosen  shall  hold 
office  until  his  successor  be  elected  and  qualified.     His  suc- 
cessor shall  be  elected  at  the  next  regular  city  election,  when 
the  vacancy  shall  be  filled  for  the  remainder  of  the  term. 
Any  person  violating  any  of  the  provisions  of  this  section 


296  GENERAL    LAWS 


I 


shall  be  fined,  upon  conviction,  in  any  sum  not  exceeding 
two  hundred  dollars.  (R.  S.  1908  and  1914,  §6517;  R.  S. 
1905,  §3656.) 

381.    Organization  of  First  Board. 

4.  At  the  city  election  occurring  on  the  second  Tues- 
day of  October,  1899,  five  members  of  the  Board  of  School 
Commissioners  shall  be  elected  to  serve  as  herein  provided. 
They  shall  assume  office  on  the  first  day  of  January,  1900, 
and  shall  meet  at  the  office  of  the  present  Board  of  School 
Commissioners  of  such  city  at  12  o'clock  noon,  and  shall 
proceed  to  organize.  Within  one  week  after  the  organiza- 
tion of  said  elected  Board  they  shall  meet  to  divide  them- 
selves by  lot,  in  such  manner  as  they  shall  determine,  into 
two  classes,  as  follows :  The  first  class,  consisting  of  three 
members,  shall  hold  office  through  the  31st  day  of  Decern-  -^ 
ber,  1901.  The  second  class,  consisting  of  two  membersjlj 
shall  hold  office  through  the  31st  day  of  December,  1903. 
Thereafter,  regular  elections  of  members  of  the  Board  of 
School  Commissioners  shall  occur  at  the  regular  city  elec- 
tions, held  on  the  second  Tuesday  of  October  of  each  alter- 
nate year.  In  the  year  1901,  and  every  fourth  year  there- 
after, three  members  shall  be  elected.  In  the  year  1903, 
and  every  fourth  year  thereafter,  two  members  shall  be 
elected.     (E.  S.  1908  and  1914,  §6518;  R.  S.  1901,  §3904al.) 

Note. — The  remainder  of  this  act  has  nothing  to  do  with  the  election 
of  School  Commissioners  or  their  qualifications. 


CONCERNING    ELECTIONS. 


297 


CHAPTER  8. 

CITY  AND  TOWN  ELECTIONS. 

SEC. 

382. 

Survey  and  map. 

SEC. 

399. 

Dissolution  proceedings. 

383. 

Census. 

400. 

Union   of  adjoining   cities   or   towns — Pro 

384. 

Survey,  map  and  census  made  public. 

cedure. 

385. 

Application  to  County  Commissioners. 

401. 

Eligible  to  office. 

386. 

Hearing  and  order. 

402. 

Eligible  to  vote. 

387. 

Notice  to  voters— County  Auditor. 

403. 

Voting  precincts. 

388. 

Polls— How  long  open. 

404. 

Petition — Census. 

389. 

Election  Board. 

405. 

Election     Board-Duties-Ballots -Re- 

390. 

Election— E  ff  ect — E  xpenses . 

turns. 

391. 

Ward  boundaries. 

406. 

Town    becomes    city — Wards— Terms    of 

392. 

Corporation  election— Notice. 

officers. 

393. 

Election  Inspectors. 

407. 

Officers— Terms — Jurisdiction— Succe.ssors. 

394. 

Election  precincts. 

408. 

City  Judge— Election,  term,  etc.— Jurisdic- 

395. 

Elective  officers- Terms. 

tion. 

396. 

When  elected— Tie  vote— Certificates. 

409. 

Water    works,    gas    works,    etc.— Bonds- 

397. 

Clerk  Circuit  Court— Record— Fee . 

Public  utilities— Election. 

398. 

Vacancy  in  Board  of  Trustees. 

[Acts  1905,  p.  219. 

Approved  March  G,  190").] 

382.     Survey  and  Map. 

1.  That  persons  intending  to  make  application  for  the 
incorporation  of  a  town,  as  hereinafter  provided,  shall 
cause  an  accurate  survey  and  map  to  be  made  of  the  terri- 
tory proposed  to  be  embraced  within  the  limits  of  such 
town.  Such  survey  shall  be  made  by  a  practical  surveyor, 
and  shall  show  the  courses  and  distances  of  the  boundaries 
of  such  territory,  and  the  quantity  of  land  contained  there- 
in; and  the  accuracy  of  the  survey  and  map  shall  be  veri- 
fied by  the  affidavit  of  the  surveyor,  written  thereon  or  at- 
tached thereto.  (R.  S.  1908  and  1914,  §8975;  R.  S.  1905, 
§3767.) 


383.     Census. 

2.  Such  persons  shall  also  cause  an  accurate  census  to 
be  taken  of  the  resident  population  of  such  territory,  as  it 
may  be  on  some  day  not  more  than  thirty  days  previous 
to  the  time  of  presenting  such  application  to  the  Board  of 
Commissioners,  as  hereinafter  provided ;  which  census  shall 
exhibit  the  name  of  every  head  of  a  family  residing  within 
such  territory  on  such  day,  and  the  number  of  persons  then 
belonging  to  such  family ;  and  the  name  of  each  real  estate 
owner  residing  within  such  territory  and  owning  real  estate 
therein;  and  the  census  shall  be  verified  by  the  affidavit  of 
the  persons  taking  the  same.  (R.  S.  1908  and  1914,  §8976; 
R.  S.  1905,  §8768.^    As  amended.  Acts  1913,  p.  260.) 


298  GENERAL    LAWS 

384.  Survey,  Map  and  Census  Made  Public. 

3.  Such  survey,  map  and  census,  when  completed  and 
verified,  shall  be  left  at  some  convenient  place  within  such 
territory,  for  examination  by  those  having  an  interest  in 
the  organization  of  such  town,  for  a  period  of  not  less  than 
twenty  days  before  the  presentation  of  the  application  to 
the  Board  of  Commissioners  of  the  county.  Notice  of  the 
intention  to  present  such  application  and  of  the  place  where 
the  same  is  left  for  examination,  shall  be  given  by  publica- 
tion once  in  some  newspaper  published  within  such  terri- 
tory, if  any  there  be,  and,  if  not,  by  posting  in  three  public 
places  therein,  which  notice  by  publication  or  posting  shall 
be  given  not  less  than  twenty  days  before  the  first  day  of 
the  regular  session  of  the  Board  of  Commissioners  at  which 
such  application  is  to  be  presented.  (R.  S.  1908  and  1914, 
§8977;  R.  S.  1905,  §3769.) 

385.  Application  to  County  Commissioners.  M 

Section  4.  Such  application  shall  be  by  petition  to  the 
board  of  commissioners  of  the  county  in  which  such  terri- 
tory or  the  greater  part  thereof  is  situated,  which  petition 
shall  be  subscribed  by  not  less  than  one-third  of  the  whole 
number  of  the  qualified  voters  residing  within  such  terri- 
tory, as  shown  by  such  census,  also  by  one-third  of  the 
whole  number  of  real  estate  owners  residing  within  sucl 
territory  and  owning  real  estate  therein  as  shown  by  sucl 
census.  The  petition  shall  set  forth  the  boundaries  of  th< 
territory,  the  quantity  of  land  embraced  therein  and  tb 
resident  population  and  the  names  of  the  resident  rei 
estate  owners,  owning  real  estate  within  such  territory,  an( 
shall  be  verified  by  one  or  more  of  the  petitioners.  Sucl 
petition  together  with  the  survey  map  and  census,  shall  b( 
filed  with  the  county  auditor  at  or  before  the  time  indicate< 
in  the  notice  of  the  application,  and  shall  by  such  auditor  be 
presented  to  such  county  board,  and  be  acted  upon  by  thcj 
board  as  soon  thereafter  as  the  same  can  be  considered. 
(As  amended,  Acts  1913,  p.  261.     R.  S.  1914,  §1878.) 

386.  Hearing  and  Order.  ^ 

5.  The  Board  of  Commissioners,  in  hearing  such  applin 
cation,  shall  first  require  proof  that  the  survey,  map  am 


CONCERNING   ELECTIONS.  299 

census  were  subject  to  examination  in  the  manner  and  for 
the  time  required  by  Sec.  3  of  this  act,  and  that  the  notice 
in  said  section  prescribed  was  duly  given;  and  if  such 
Board  be  satisfied  that  the  requirements  of  this  act  have 
been  fully  complied  with,  it  shall  make  an  order  declar- 
ing that  such  territory  shall,  with  the  assent  of  the  quali- 
fied voters  thereof,  as  hereinafter  provided,  be  an  incorpo- 
rated town,  by  the  name  specified  in  such  application, 
provided  such  name  differ  from  that  of  every  other  town  in 
the  State ;  and  the  Board  shall  include  in  such  order  a  re- 
quirement for  notice  of  a  meeting  of  the  qualified  voters 
resident  in  the  territory,  at  a  convenient  place  therein,  to 
be  named  by  the  Board,  and  on  a  day  within  one  month 
after  such  order,  to  determine  whether  such  territory  shall 
be  an  incorporated  town.  (R.  S.  1908  and  1914,  §8979;  R. 
S.  1905,  §3771.) 

387.  Notice  to  Voters — County  Auditor. 

6.  The  County  Auditor,  in  pursuance  of  such  order  of 
the  Board,  shall  give  ten  days'  notice  of  such  meeting  of  the 
electors,  by  publication  in  a  newspaper,  if  one  be  printed 
in  such  territory;  and,  if  not,  by  posting  copies  of  such 
notice  in  not  less  than  ten  public  places  in  such  proposed 
incorporated  town,  at  least  ten  days  before  such  meeting. 
(R.  S.  1908  and  1914,  §8980;  R.  S.  1905,  §3772.) 

388.  Polls— How  Long  Open. 

7.  At  the  meeting  of  the  qualified  voters,  as  herein 
provided,  polls  shall  be  opened  at  9  o'clock  in  the  forenoon 
of  such  day,  and  shall  be  kept  open  until  4  o'clock  in  the 
afternoon,  when  they  shall  be  closed.  (R.  S.  1908  and 
1914,  §8981;  R.  S.  1905,  §3773.) 

389.  Election  Board. 

8.  The  voters  at  such  meeting  shall  first  proceed  to 
the  election  of  three  of  their  number  as  Inspectors.  Such 
Inspectors,  after  being  duly  chosen  and  qualified,  and  after 
having  selected  one  of  their  number  as  Clerk,  shall,  without 
delay,  proclaim  to  the  meeting  that  the  polls  are  open,  and 
that  they  are  ready  to  receive  the  ballots  of  the  voters.  (R. 
S.  1908  and  1914,  §8982  j  B.  S,  1905,  f3774*) 


300  GENERAL    LAWS 

390.  Election — Effect — Expenses. 

9.  The  qualified  voters  of  such  territory  shall  vote  by 
ballots  having  thereon  the  word  ^ '  Yes ' '  and  the  word  '  *  No. ' ' 
The  Inspectors  shall  make  a  statement  showing  the  vote 
as  in  case  of  other  elections,  and  shall  return  the  same  to 
the  County  Auditor,  to  be  laid  before  the  Board  of  Com- 
missioners at  its  next  regular  or  adjourned  session,  or  at 
any  other  session  called  for  that  purpose.  If  the  Board  be 
satisfied  of  the  legality  of  the  election,  and  that  a  majority 
of  the  ballots  are  in  favor  of  incorporation,  it  shall  make  an 
order  declaring  that  such  town  has  been  incorporated  by  the 
name  adopted,  which  order  shall  embrace  a  copy  of  the  In- 
spector's return  and  be  conclusive  of  such  incorporation  in 
all  suits  by  or  against  such  corporation;  and  the  exist- 
ence of  such  town,  by  the  name  and  style  aforesaid,  shall 
thereafter  be  judicially  taken  notice  of  in  all  courts  and 
places  in  this  State,  without  specially  pleading  or  proving 
the  same.  If  the  Commissioner"^  find  that  a  majority  of 
the  ballots  are  against  incorporation  they  shall  so  declare, 
and  no  further  proceedings  shall  be  had  in  relation  to  such 
matter.  An  appeal  may  be  taken  to  the  Circuit  Court  from 
the  action  of  the  Board  declaring  or  refusing  to  declare  that 
such  town  has  been  incorporated.  In  case  the  town  is  not 
incorporated,  all  costs  and  expenses,  including  the  expenses 
of  election  and  appeal,  if  any  be  had,  shall  be  paid  by  the 
petitioners,  who  on  filing  their  application  shall  also  file  a 
bond,  payable  to  the  State  of  Indiana  for  the  use  and  benefit 
of  the  Board  of  Commissioners  of  the  county,  and  to  the 
approval  of  such  Board,  conditioned  for  the  payment  of  all 
such  costs  and  expenses.  In  case  the  town  is  incorporated, 
all  such  costs  and  expenses  shall  be  paid  by  the  town.  In 
case  a  majority  of  the  votes  cast  at  such  election  are  against 
the  incorporation  of  said  town  then  the  Board  of  Commis- 
sioners shall  not  order  another  election  for  the  incorpora- 
tion of  such  town  until  after  the  expiration  of  two  (2)  years 
from  date  of  such  election.  (As  amended.  Acts  1913,  p. 
261.     R.  S.  1908  and  1914,  §8983;  E.  S.  1905,  §3775.) 

391.  Ward  Boundaries. 

.10.     Such  Inspectors,  when  such  town  has  been  by  the 
county  board  declared  incorporated,  shall  at  once  proceed 


CONCERNING   ELECTIONS.  301 

to  divide  the  town  into  not  less  than  three,  nor  more  than 
seven  wards,  having  due  regard  to  the  equitable  apportion- 
ment of  population  among  the  same,  and  the  convenience 
and  contiguity  of  the  wards.  Thereafter  the  trustees  of 
any  town  incorporated  under  this  act,  may  at  any  time, 
sixty  days  or  more  preceding  the  election  for  town  officers, 
redistrict  the  town  in  like  manner.  (R.  S.  1908  and  1914, 
§8984;  R.  S.  1905,  §3776.) 


392.    Corporation  Election — Notice. 

11.  After  such  town  has  been  divided  into  wards,  the 
Inspectors  shall  immediately  give  ten  days^  notice,  by  pub- 
lication in  a  newspaper,  if  one  be  printed  within  such  town, 
or  if  there  be  no  newspaper,  by  posting  such  notice  in  one 
public  place  in  each  ward,  of  an  election  to  be  held  in  such 
town,  for  the  purpose  of  electing  officers  thereof,  naming 
in  such  notice  the  place  where  and  the  day  when  such  elec- 
tion shall  be  had..  Such  place  shall  be  at  some  convenient 
location  in  the  town  and  such  day  shall  be  within  twenty 
days  from  the  publication  or  posting  of  such  notice.  Every 
subsequent  notice  of  election  shall  be  given  in  like  manner, 
by  the  Clerk  of  the  town.  (E.  S.  1908  and  1914,  §8985;  R. 
S.  1905,  §3777.) 


393.    Election  Inspectors. 

12.  Inspectors  shall  preside  at  such  first  election,  and 
be  Inspectors  thereof.  They  shall  receive  and  canvass  the 
votes,  and  shall  immediately  thereafter,  and  before  adjourn- 
ment, declare  the  election  of  the  officers  so  chosen,  deliver  to 
such  officers  certificates  of  their  election,  and  make  out  and 
file  with  the  Clerk  of  the  Circuit  Court  of  the  county  in 
which  such  town  is  situated  the  certified  statement  of  elec- 
tion provided  for  in  Sec.  15  of  this  act.  At  all  subsequent 
town  elections  one  Inspector  for  each  voting  precinct  shall 
be  appointed  by  the  Board  of  Town  Trustees,  and  the 
judges  and  other  officers  of  each  election  board  shall  be  se- 
lected as  provided  by  law  for  the  selection  of  the  officers  of 
township  election  boards.  (K  S.  1908  and  1914,  §8986; 
R.  S.  1905,  §3778.) 


302  GENERAL    LAWS 

394.  Election  Precincts. 

13.  In  town  elections,  after  the  first  election,  the  elec- 
tion precincts  shall,  so  far  as  practicable,  be  the  same  as 
those  fixed  for  general  elections ;  and  the  opening  and  clos- 
ing of 'the  polls  and  all  other  matters  relating  to  such  town 
elections  shall  be  conducted  in  conformity  with  the  provi- 
sions of  the  general  election  laws  applicable  thereto.  (E. 
S.  1908  and  1914,  §8987;  R.  S.  1905,  §3779.) 

395.  Elective  Officers— Terms. 

14.  The  elective  officers  of  every  town  shall  be  one 
Trustee  from  each  ward  and  also  a  Clerk,  a  Treasurer 
and  a  Marshal  for  the  town  at  large :  Provided,  That  each 
Trustee  shall  be  voted  for  by  all  the  electors  of  the  town, 
but  shall  be  a  resident  of  the  ward  for  which  he  is  elected ; 
and.  Provided,  further.  That  nothing  herein  contained  shall 
prevent  the  respective  offices  of  Clerk  and  Treasurer  from 
being  held  by  the  same  person.  The  term  of  Trustees  shall 
be  four  years  and  the  term  of  the  Clerk,  Treasurer  and 
Marshal  shall  be  two  years.  The  terms  of  all  town  officers 
elected  at  any  regular  election  shall  begin  at  noon  on  the 
first  Monday  of  January  following  their  election  and  quali- 
fication: Provided,  however.  That  in  towns  having  an  even 
number  of  trustees  one-half  of  the  persons  of  any  such  town 
that  receives  the  highest  number  of  votes  at  the  regular 
election  in  1909  shall  be  regarded  as  elected  thereto  for  a 
period  of  four  years  and  the  other  half  for  a  period  of  two 
years  and  in  towns  having  an  uneven  number  of  trustees 
a  majority  of  such  trustees  receiving  the  highest  number  of 
votes  shall  serve  for  four  years  and  the  remainder  for  two 
years.     (As  amended,  Acts  1911,  p.  71.    E.  S.  1914,  §8988.) 

396.  When  Elected— Tie  Vote^Certificates. 

15.  The  persons  in  each  ward  receiving  the  greatest 
number  of  votes  as  Trustees  of  such  wards,  respectively, 
shall  be  declared  elected  as  such  Trustees ;  and  the  persons 
receiving  the  greatest  number  of  votes,  respectively,  for 
Clerk,  Treasurer  and  Marshal;  as  designated  by  the  ballot 
for  such  office,  shall  be  declared  so  elected.  And  if  two  or 
more  persons  shall  have  an  equal  and  the  highest  number 
of  votes  for  any  such  offices,  the  Inspectors  of  such  election 


i 


CONCEKNING   ELECTIONS.  303 

shall  forthwith  determine,  by  lot,  which  of  them  shall  be  de- 
clared elected.  And  it  shall  be  the  further  duty  of  such  In- 
spectors to  make  a  certified  statement,  over  their  own  signa- 
tures, of  the  persons  elected  to  fill  the  several  offices  in  such 
town,  and  to  file  the  same  with  the  Clerk  of  the  Circuit 
Court  of  the  county,  within  ten  days  from  the  day  of  such 
election.  And  no  act  or  ordinance  of  any  Board  of  Trustees 
chosen  at  any  such  election  shall  be  valid  until  the  pro- 
visions of  this  section  are  substantially  complied  with.  (As 
amended.  Acts  1909,  p.  360.     R.  S.  1914,  §8989.) 

397.  Clerk  Circuit  Court— Record— Fee. 

16.  It  shall  be  the  duty  of  the  Clerk  of  the  Circuit 
Court  of  the  proper  county  forthwith  to  make  a  record  of 
such  certified  statement  of  election ;  for  which  service  there 
shall  be  paid  the  same  fee  as  allowed  for  similar  services 
of  such  clerks  in  other  cases.  (R.  S.  1908  and  1914,  §8990 ; 
R.  S.  1905,  §3782.) 

398.  Vacancy  in  Board  of  Trustees. 

17.  A  vacancy  occurring  in  the  Board  of  Town  Trus- 
tees, or  in  any  other  elective  office  of  such  corporation  shall 
be  filled  by  appointment  by  said  board  at  a  special  meeting 
of  the  trustees,  called  for  that  purpose,  of  which  meeting 
not  less  than  five  days'  notice  in  writing  shall  be  given,  to 
each  member  of  said  board  of  trustees  by  the  town  clerk 
of  said  town;  but  such  appointments  if  to  fill  a  vacancy  in 
the  office  of  trustee,  shall  be  made  from  the  ward  in  which 
the  vacancy  occurred,  and  no  appointment  shall  extend  be- 
yond the  first  Monday  of  January  following  the  regular 
election  provided  for  in  this  act.  (As  amended.  Acts  1911, 
p.  5.     R.  S.  1914,  §1891.) 

399.  Dissolution  Proceedings. 

22.  Whenever  a  petition,  signed  by  not  less  than  two- 
thirds  of  all  the  legal  voters  of  any  incorporated  town,  is 
presented  to  the  Board  of  Trustees  of  such  town,  duly 
sworn  to  by  one  or  more  of  such  petitioners,  asking  for  the 
dissolution  of  the  corporation,  or  for  the  change  of  its  name, 
and  in  such  petition  setting  forth  the  reasons  therefor,  the 
Trustees  shall,  if  they  deem  the  reasons  stated  sufficient. 


304  GENERAL    LAWS 

cause  an  election  by  the  legal  voters  of  the  town  to  be  held, 
to  determine  whether  the  prayer  of  the  petition  shall  be 
granted.  Such  petition  shall  be  filed  with  the  Town  Clerk, 
and  the  petitioners  shall  also  file  therewith  a  census  of  all 
the  legal  voters  of  the  town,  which  shall  be  taken  within  ten 
days  prior  to  the  filing  of  the  same  and  shall  embrace  only 
the  names  of  such  legal  voters  as  may  reside  therein  at  the 
time  the  census  is  taken.  The  person  taking  such  census 
shall  attach  thereto  his  affidavit  that  the  same  is  correct. 
On  the  filing  of  such  petition  and  census,  the  Clerk  shall 
give  notice  of  such  filing  and  of  the  day  of  hearing  the 
same;  which  notice  shall  be  by  publication  twice  in  a  news- 
paper of  general  circulation  printed  in  such  town,  the  last 
of  which  publications  shall  not  be  less  than  ten  days  be- 
fore such  hearing;  and  if  there^be  no  newspaper  printed 
in  the  town,  then  in  a  newspaper  published  at  the  county 
seat  of  the  county  in  which  such  town  is  located,  and  by 
posting  copies  thereof  in  at  least  one  public  place  in  each 
of  the  wards  in  such  town.  The  Board  of  Trustees  shall, 
at  the  time  named  in  such  notice,  hear  and  consider  such 
petition  and  census,  and  shall  also  consider  all  statements, 
oral  and  written,  that  may  be  presented  at  such  meeting 
both  in  favor  of  and  in  opposition  to  the  granting  of  such 
petition.  Thereupon  the  Board  shall  determine  whether  the 
reasons  advanced  by  such  petitioners  are  sufficient  to  justi- 
fy the  submission  of  the  question  of  dissolution  or  change  of 
name  to  the  voters  of  the  town  for  their  decision.  Any 
voters  who  signed  the  petition  may,  before  such  determina- 
tion by  the  Board  withdraw  their  names  therefrom,  and 
no  names  so  withdrawn  shall  be  counted  by  the  Trustees 
in  ascertaining  whether  the  petition  has  been  signed  b}^ 
the  number  of  voters  required  by  this  section.  If  the  Board 
finally  determine  to  submit  the  question  as  to  the  dissolu- 
tion or  change  of  name  of  such  corporation  to  the  voters 
of  the  town  for  their  decision,  it  shall  ^x  the  time  of  hold- 
ing an  election  for  that  purpose,  of  which  election  the  Clerk 
shall  give  at  least  twenty  days'  notice,  which  notice  as  to 
publication  and  posting  shall  be  given  in  the  manner  here- 
inbefore provided  for  notice  of  the  filing  and  hearing  of 
such  petition.  Such  election  shall  be  held  in  the  several 
precincts  of  such  town  and  return  thereof  made  to  the 
Board  of  Trustees  as  in  case  of  other  elections.    The  voters 


CONCERNING    ELECTIONS.  305 

shall  vote  by  ballot  on  the  question  so  submitted  to  them, 
^^Yes^'  or  ^'No.^^  If  two-thirds  of  all  the  votes  so  cast  shall 
be  in  the  affirmative,  and  four-fifths  of  all  the  legal  voters 
of  the  town,  as  shown  by  the  census  taken,  shall  have  voted, 
the  question  so  submitted  shall  be  regarded  as  determined 
in  the  affirmative;  and,  within  four  days  after  the  canvass 
of  the  vote  by  the  Trustees,  a  statement  of  all  the  votes  cast 
at  the  election,  affirmative  and  negative,  shall  be  prepared 
by  the  Town  Clerk,  signed  by  the  Trustees  and  attested  by 
the  Clerk,  and  filed  in  the  office  of  the  Clerk  of  the  Circuit 
Court  of  the  county  in  which  such  town  is  situated.  If 
the  vote  be  in  favor  of  a  change  of  name,  the  name  of 
the  town  shall  be  changed,  accordingly,  from  and  after 
the  expiration  of  thirty  days  from  the  date  of  filing  such 
report  in  the  office  of  the  Clerk  of  the  Circuit  Court.  If 
the  vote  be  in  favor  of  a  dissolution  of  the  corporation, 
such  town  shall,  at  the  expiration  of  six  months  from  the 
filing  of  such  report  in  the  office  of  the  Clerk  of  the  Circuit 
Court,  cease  to  be  a  corporation;  and  the  property  owned 
by  the  corporation,  after  payment  of  debts  and  liabilities, 
shall  be  disposed  of  in  such  manner  as  a  majority  of  the 
voters  of  the  town,  at  any  special  election  therefor,  may  di- 
rect; but  no  such  dissolution  shall  affect  the  right  of  any 
person  in  any  contract  to  which  such  corporation  is  a  party. 
In  case  the  prayer  of  the  petition  shall  not  be  granted,  all 
costs  and  expenses  incurred  thereby,  including  the  expenses 
of  such  election,  if  held,  shall  be  paid  by  the  petitioners, 
who,  on  filing  their  petition  and  census  shall  give  a  bond, 
payable  to  the  Board  of  Trustees,  to  the  approval  of  the 
Board,  and  such  sum  as  the  Board  may  direct,  for  the 
payment  of  all  such  costs  and  expenses.  Any  person  ag- 
grieved by  the  action  of  the  Board  of  Trustees  on  such  pe- 
tition and  census,  or  the  result  of  such  election,  may  appeal 
to  the  Circuit  Court  of  the  county  in  which  such  town  is 
situated,  within  thirty  days  therefrom,  by  giving  to  the 
Board  written  notice  of  such  appeal  and  by  filing  with  the 
Town  Clerk  a  bond,  with  surety  to  the  approval  of  the 
Board,  in  the  sum  of  five  hundred  dollars  conditioned  that 
such  appeal  will  be  duly  prosecuted  and  all  costs  thereof 
be  paid  if  the  appeal  be  decided  against  such  appellants. 
The  Clerk  shall  thereupon  file  in  the  office  of  the  Clerk  of 
the  Circuit  Court  a  transcript  of  all  proceedings,  together 

20—1779 


306  GENERAL    LAWS 

with  all  papers  in  the  case,  and  no  further  action  shall  be 
taken  by  the  Board  until  such  appeal  be  heard  and  de- 
termined. Such  appeal  shall  be  heard  by  the  Circuit  Court 
without  a  jury.  There  may  be  a  change  of  venue  from  the 
judge,  but  not  from  the  county.  (E.  S.  1908  and  1914, 
§8996;  K  S.  1905,  §3788.) 

400.    Union  of  Adjoining  Cities  or  Towns — Procedure. 

241.  Where  a  city  and  a  town,  or  two  cities,  or  two 
towns,  adjoin  each  other,  they  may  be  united  provided  a 
majority  of  the  qualified  voters  voting  on  such  question 
of  union,  in  each  of  such  adjoining  corporations,  shall  vote 
in  favor  of  such  union.  The  Common  Council  of  such  city 
and  the  Board  of  Trustees  of  such  town,  or  the  Common 
Councils  of  such  cities,  or  the  Boards  of  Trustees  of  such 
towns,  as  the  case  may  be,  shall,  by  resolution,  passed  by 
each  Council  or  Board,  first  agree  on  the  terms  upon  which 
such  union  shall  take  place,  including  the  name  by  which 
the  united  corporation  shall  be  known  and  the  day  upon 
which  an  election  for  the  purpose  shall  be  held  in  each  of 
the  adjoining  municipalities.  Notices  of  such  agreement 
shall  be  given  at  least  twenty  days  before  the  time  fixed 
for  such  election,  by  publication  of  the  same  for  two  weeks, 
successively,  once  each  week,  in  each  newspaper  published 
in  each  of  such  corporations,  and  by  posting  printed  copies 
thereof  in  one  or  more  public  places  in  each  ward  of  each  of 
such  corporations.  Such  election  shall  be  held  in  the  voting 
precincts  of  each  of  such  corporations,  as  other  city  and 
town  elections  are  held.  The  ballots  for  such  election  shall 
have  thereon  the  words  ^^Yes''  and  **No,''  and  those  elect- 
ors favoring  such  agreement  shall  vote  ^*Yes,''  and  those 
opposed,  ^^No;''  and  the  election  boards  shall  report  to 
their  respective  Common  Councils  or  Boards  of  Trustees 
the  result  of  such  election.  A  certified  copy  of  the  result  of 
the  election  in  each  corporation  shall  be  filed  with  the  Com- 
mon Council  or  Board  of  Trustees  of  the  other  corporation ; 
and  if  a  majority  of  the  electors,  voting  on  such  question 
in  each  of  such  corporations,  vote  in  favor  of  such  union, 
then  the  two  corporations  shall  be  united  in  accordance 
with  the  terms  of  the  agreement  theretofore  entered  into; 
and  a  duly  certified  copy  of  such  agreement,  and  of  the  re- 
sult of  such  election,  shall  be  filed  in  the  office  of  the  Record- 


CONCERNING    ELECTIONS.  307 

er  of  the  county  or  counties  in  which  such  united  corpora- 
tion is  situated,  signed  by  the  Mayor  or  presiding  officer  and 
attested  by  the  Clerk  and  sealed  with  the  seal  of  each  of 
such  constituent  corporation;  and  copies  of  such  record 
shall  be  received  in  all  courts  and  places  as  conclusive  of 
such  union  of  such  corporations  under  the  name  so  agreed 
upon.  In  case  of  such  union,  the  new  corporation  shall  be 
liable  for  all  the  debts,  contracts  and  liabilities  of  the  con- 
stituent corporations,  and  shall  be  entitled  to  all  the  rights, 
credits,  moneys,  effects  and  properties  theretofore  had,  held 
or  owned  by  them  or  either  of  them,  and  may  sue  and  be 
sued  in  relation  to  such  debts,  contracts,  liabilities,  rights, 
credits  and  properties  by  the  name  adopted  on  such  union. 
But  all  actions  pending  at  the  time  of  such  union  shall  be 
prosecuted  to  final  judgment  and  execution,  and  all  judg- 
ments theretofore  rendered  may  be  executed  and  enforced 
against  the  new  corporation,  without  any  change  of  the 
name  of  the  plaintiff  or  defendant.  (R.  S.  1908  and  1914, 
§8895;  R.  S.  1905,  §3716.) 

401.  Eligible  to  Office. 

229.  No  property  qualifications  shall  be  necessary  to 
render  any  citizen  eligible  to  hold  any  office  of  any  munici- 
pal corporation  in  this  State.  (R.  S.  1908  and  1914,  §8883  ; 
R.  S.  1905,  §3704.) 

402.  Eligible  to  Vote. 

230.  In  all  municipal  elections,  no  other  qualifications 
shall  be  required  of  any  voter  than  such  as  are  made  nec- 
essary in  general  elections  under  the  Constitution  and  laws 
of  the  State.  (R.  S.  1908  and  1914,  §8884;  R.  S.  1905, 
§3705.) 

403.  Voting  Precincts. 

231.  In  City  and  town  elections,  except  as  provided 
in  Sees.  10,  11  and  12  for  the  first  town  election,  the  voting 
precincts  shall,  so  far  as  practicable,  be  those  established 
by  the  County  Commissioners,  and  the  elections  shall  be 
conducted  under  the  laws  in  force  for  general  elections. 
(R.  S.  1908  and  1914,  §8B85;  R.  S.  1905,  §3706.) 


308  GENERAL    LAWS 

404.  Petition — Census. 

38.  Whenever  one-third  of  the  voters  of  any  incor- 
porated town,  so  far  as  the  number  can  be  estimated,  shall 
petition  the  Board  of  Trustees  thereof  to  be  incorporated 
as  a  city  under  this  act,  such  Board  of  Trustees,  by  an  or- 
der or  resolution  to  that  effect  entered  on  its  record,  shall 
furnish  the  marshal  or  other  proper  officer  with  the  neces- 
sary forms  for  taking,  and  direct  him  to  take,  a  census  of 
all  persons  who  are  residents  within  the  corporate  limits 
of  such  town  at  least  forty  days  previous  to  the  date  of  such 
order  or  resolution:  Provided,  however,  That  if  it  shall 
appear  to  such  Board  of  Trustees  by  the  last  census  of  this 
State  or  of  the  United  States,  or  by  any  enumeration  made 
by  the  order  of  such  Board  of  Trustees,  within  two  years 
after  the  filing  of  such  petition,  that  such  town  then  has 
two  thousand  five  hundred  inhabitants,  such  Board  of  Trus- 
tees shall  be  at  liberty  to  proceed  in  all  respects  as  if  such 
census  had  been  taken  in  the  manner  provided  by  this  act. 
Such  Marshal  or  other  officer,  with  the  concurrence  of  such 
Board  may  appoint  assistants,  and  shall,  within  thirty  days 
from  the  time  of  receiving  such  order,  make  full  return, 
under  oath,  to  such  Board  of  the  resident  population  of 
such  town.  If  the  return  show  a  population  of  two  thou- 
sand persons  or  more,  the  Trustees,  within  ten  days  there- 
after, shall  publish  a  notice  to  the  voters,  as  in  case  of  other 
town  elections,  stating  that,  on  a  day  named,  an  election 
will  be  held  in  the  several  precincts  of  the  town,  to  deter- 
mine whether  the  same  shall  be  incorporated  as  a  city.  In 
towns  which  are  governed  by  a  Common  Council,  instead 
of  a  Board  of  Trustees,  the  duties  in  this  act  required  to 
be  done  by  the  Board  of  Town  Trustees  shall  be  performed 
by  such  Common  Council.  (R.  S.  1908  and  1914,  §8639; 
R.  S.  1905,  §3462.) 

405.  Election  Board — Duties — Ballots — Returns. 

39.  The  Board  of  Trustees  shall  appoint  three  rep- 
utable voters  in  each  precinct,  one  to  act  as  Inspector  and 
two  as  Judges  of  election  provided  for  in  the  preceding  sec- 
tion; and  the  persons  thus  appointed  shall  choose  a  Clerk 
of  such  election.  Such  election  shall  be  conducted  in  the 
same  manner  and  be  governed  by  the  same  rules  as  other 


I 


CONCERNING   ELECTIONS.         '  309 

town  elections.  The  ballots  of  the  voters  shall  have  thereon 
the  word  ^'Yes"  and  the  word  ^^No.'^  The  Inspector  and 
Judges  of  each  precinct  shall  make  a  statement  showing 
the  number  of  affirmative  votes  given  and  the  number  of 
negative  votes  given;  and,  on  the  day  succeeding  such 
election,  at  the  hour  of  ten  o'clock  in  the  forenoon,  the  In- 
spectors shall  meet  and  canvass  the  vote,  as  in  other  cases. 
If  a  majority  of  the  ballots  be  in  the  negative  the  Inspectors 
shall  so  report  to  the  Board  of  Trustees,  and  the  voters  of 
such  town  or  city  shall  be  deemed  not  to  have  consented  to 
its  incorporation  as  a  city,  and  no  further  proceedings  shall 
be  had  in  relation  thereto.  But  if  a  majority  of  such  bal- 
lots shall  be  in  the  affirmative,  the  Inspector  shall,  within 
live  days,  certify  that  fact  to  the  Clerk  of  the  Circuit  Court 
of  the  county  in  which  such  town  is  located,  showing  also 
in  their  return  the  number  of  votes  in  the  affirmative  and 
the  number  in  the  negative.  The  Clerk  of  such  courts  shall 
make  a  record  of  such  return  of  such  election  in  the  civil 
order  book  of  such  court;  and  such  town  shall  thereafter 
be  deemed  an  incorporated  city,  with  the  powers  and  fran- 
chises appertaining  thereto ;  and  the  record  in  the  office  of 
such  Clerk  of  the  Circuit  Court  shall  be  held  in  all  courts 
and  places  as  conclusive  evidence  of  such  incorporation. 
But  nothing  herein  shall  prevent  any  person  interested 
from  contesting  the  validity  of  such  election,  and  of  the  re- 
sult thereof,  as  in  other  cases  of  contested  elections.  (E.  S. 
1908  and  1914,  §8640;  E.  S.  1905,  §3463.) 

406.    Town  Becomes  City — Wards — Terms  of  Officers. 

40.  Within  ^ve  days  after  the  filing  in  the  office  of  the 
Clerk  of  the  Circuit  Court  of  the  statement  showing  that 
any  town  has  been  incorporated  as  a  city,  the  Trustees  of 
such  town  shall  divide  such  city  into  not  less  than  three 
wards,  none  of  which  shall  contain  less  than  three  hundred 
inhabitants;  and  shall,  within  the  same  time,  cause  to  be 
given  to  the  voters  of  such  city  ten  days'  notice,  by  publi- 
cation in  one  or  more  newspapers  printed  in  such  city,  if 
any  there  be,  and  if  not,  in  a  paper  published  in  the  county 
in  which  such  city  is  situated,  and  by  posting  copies  of  such 
notice  in  three  public  places  in  each  ward  of  such  city,  that 
an  election  will  be  held  in  each  of  such  wards  on  a  day.  and 
at  the  places  in  such  notices  stated  for  the  election  of  the 


310  GENERAL    LAWS 

city  officers  therein  named.  The  officers  elected  at  such 
election  shall  serve  until  twelve  o'clock  noon,  of  the  first 
Monday  in  January  following  the  next  regular  city  election 
thereafter.  The  Common  Council  of  any  city  of  this  State 
shall  have  power  to  redistrict  such  city  into  three  or  more 
wards,  whenever  in  the  judgment  of  such  Council  it  is  ex- 
pedient to  do  so,  such  wards  to  contain,  as  near  as  possible, 
an  equal  number  of  inhabitants  and  to  be  composed  of  com- 
pact and  contiguous  territory:  Provided,  That  the  wards 
of  each  city  shall  remain  in  number  and  boundaries  the 
same  as  now  existing  until  the  year  1907;  and  thereafter 
no  readjustment  or  fixing  of  the  boundaries  of  the  wards  of 
any  city  shall  occur  oftener  than  once  in  a  period  of  six 
years  unless  the  same  be  made  necessary  by  the  annexa- 
tion of  new  territory,  in  which  case  such  readjustment  of 
wards  and  boundaries,  whenever  made,  shall  be  done  by 
ordinance,  passed  by  a  two-thirds  vote  of  all  the  members 
of  the  Common  Council ;  and  no  such  ordinance  for  change 
in  wards  shall  be  passed  before  notice  first  given  by  publi- 
cation for  three  successive  weeks,  once  each  week,  the  last 
of  which  publications  shall  be  at  least  thirty  days  before 
any  city  election,  in  a  newspaper  of  general  circulation 
printed  in  such  city,  in  which  notice  the  proposed  numbers 
and  boundaries  of  the  wards  shall  be  plainly  stated  and 
described-     (E.  S.  1908  and  1914,  §8641;  R.  S.  1905,  §3464.) 

407.    Officers — Terms — Jurisdiction — Successors. 

Section  43.  The  elective  officers  of  the  cities  of  this  state 
shall  consist  of  a  mayor,  city  judge,  city  clerk,  city  treas- 
urer, and  councilmen  as  hereinbefore  provided,  except  in 
cities  of  the  third  class,  no  city  judge  shall  be  elected  unless 
such  office  is  established  by  the  common  council  of  such  city 
as  provided  by  law :  and  Provided,  That  in  cities  of  the  fifth 
class  no  city  judge  shall  be  elected,  but  the  powers  and 
duties  of  city  judge  shall  devolve  wholly  upon  the  mayor, 
except,  however,  first,  that  in  every  city  of  the  first,  second, 
third,  fourth  and  fifth  classes  which  is  the  county  seat  of 
the  county  in  which  such  city  is  located,  the  county  treasurer 
of  such  county  shall  perform  all  duties  of  city  treasurer: 
Provided,  In  cities  of  the  fourth  class  which  are  county 
seats  and  which  own  water    or    lighting    public    utilities, 


I 


CONCERNING    ELECTIONS.  311 

having  either  or  both  an  annual  income  of  one  hundred 
thousand  dollars  or  upwards  from  private  consumers,  and 
in  cities  of  the  fifth  class  which  are  county  seats,  and 
which  own  water  or  lighting  public  utilities,  there  shall 
be  elected  a  city  treasurer  the  salary  of  which  officer  shall 
be  fixed  by  ordinance  of  the  common  council  of  such  city; 
and  except,  second,  that  is  in  cities  of  the  fourth  class,  the 
powers  and  duties  of  city  judge  may  be  imposed  upon 
the  mayor  pursuant  to  an  ordinance  duly  passed  by  the  com- 
mon council  of  such  city  at  least  ninety  days  prior  to  any 
city  election  and  to  take  effect  upon  the  expiration  of  the 
term  of  office  of  the  city  judge  then  in  office.  Any  ordinance 
passed  under  this  section  may  be  repealed  at  any  time  ex- 
cept within  ninety  days  prior  to  the  time  of  holding  the  city 
election  and  such  repeal  shall  not  affect  the  terms  of  office 
or  the  duties  of  any  officer  elected  prior  to  such  repeal  of 
such  ordinance.  In  cities  of  the  fourth  class,  which  shall 
have  a  city  judge,  he  shall  receive  a  salary  to  be  fixed  by 
ordinance  not  to  exceed  twelve  hundred  dollars  per  annum, 
payable  quarterly  as  other  city  officers  are  paid.  On  the 
first  Tuesday  after  the  first  Monday  in  November  in  the 
year  1913,  and  on  the  same  day  every  four  years  thereafter 
there  shall  be  held  a  city  election  in  every  city  in  this  state 
for  the  election  of  the  elective  officers  of  such  city  and  there 
shall  be  no  election  in  any  city  prior  to  that  date  except  the 
first  city  election  in  case  of  the  organization  of  the  city  as 
provided  in  section  forty  (40)  of  this  act.  At  such  general 
election  there  shall  be  elected  in  every  city  a  mayor  and  a 
city  clerk.  In  cities  of  the  first,  second,  third,  and  fourth 
classes  there  shall  likewise  be  elected  a  city  judge  except  in 
cities  in  which  the  duties  of  city  judge  shall  devolve  upon 
the  mayor  no  city  judge  shall  be  elected,  and  in  every  city 
of  the  first,  second,  third,  fourth  and  fifth  classes  which  is 
not  a  county  seat,  and  in  every  city  of  the  fourth  and  fifth 
classes  which  are  county  seats  and  own  water  or  light,  pub- 
lic utilities,  as  hereinbefore  provided,  there  shall  be  elected 
a  city  treasurer.  At  such  election  there  shall  be  elected  in 
each  ward  one  councilman  and  the  whole  city  shall  elect  at 
large  half  as  many  additional  councilmen,  not  counting  frac- 
tions, as  there  are  wards  in  the  city :  Provided,  That  in  no 
case  shall  the  number  of  councilmen  at  large  in  any  city  be 
more  than  six  or  less  than  two.    The  officers  elected  on  the 


312  GENERAL    LAWS 

first  Tuesday  after  the  first  Monday  in  November,  1909, 
shall  hold  their  respective  offices  from  the  termination  of 
the  terms  of  their  respective  predecessors  until  the  hour  of 
12  o'clock  noon  of  the  first  Monday  in  January,  1914. 
Thereafter  all  elective  city  officers  shall  serve  for  four  years 
from  the  hour  of  12  o  'clock  at  noon  on  the  first  Monday  in 
January  following  their  election  and  shall  continue  to  serve 
until  their  successors  are  elected  and  qualified  except  where 
the  office  is  abolished  by  statute  or  ordinance.  No  person 
shall  be  eligible  to  any  city  office  unless  he  shall  have  been 
a  resident  of  such  city  for  at  least  one  year  immediately  pre- 
ceding his  election  nor  shall  any  person  be  eligible  to  the 
office  of  councilman  to  represent  any  ward  unless  for  the 
last  six  months  of  his  residence  in  such  city  he  shall  have 
been  a  resident  of  such  ward.  And  should  any  city  officer 
cease  to  be  a  resident  of  such  city  or  any  councilman  repre- 
senting any  ward,  cease  to  be  a  resident  of  such  ward,  dur- 
ing his  term  of  office,  such  office  shall  thereby  at  once  be- 
come vacant.  No  person  shall  be  eligible  to  hold  the  same 
elective  office  more  than  four  years  in  any  period  of  eight 
years  in  cities  of  the  first  class.  Present  incumbents  in  of- 
fices in  cities  of  the  second  and  third  classes,  shall  be  eli- 
gible to  election  to  the  office  which  they  now  hold  in  the 
election  to  be  held  on  the  first  Tuesday  after  the  first  Mon- 
day in  November,  1913,  and  at  every  city  election  thereafter. 
All  city  elections  shall  be  held  and  returns  made  thereof, 
certificates  issued  and  contests  had  in  conformity  with  the 
general  election  laws  of  this  state.  The  respective -officers 
of  all  cities  of  this  state  elected  or  appointed  under  the  laws 
heretofore  in  force,  shall  continue  to  serve  as  such  officers 
under  the  provisions  of  this, act  until  12  o'clock  noon  of  the 
first  Monday  in  January,  1914.  All  laws  now  in  force  for 
the  government  of  such  cities  where  the  same  are  not  in 
conflict  with  the  provisions  of  this  act  shall  continue  in  force 
and  all  ordinances,  rules  and  regulations  of  any  such  city 
duly  passed  and  adopted  under  such  former  laws,  except  as 
herein  provided  and  if  not  in  conflict  with  the  provisions  of 
this  act,  shall  continue  in  full  force  and  effect  until  repealed 
or  abolished. 

In  case  any  city  prior  to  the  election  and  qualification  of 
the  officers  of  such  cities  under  the  terms  of  this  act  shall 
have  commenced  any  proceedings    or   undertakings    of    a 


CONCERNING    ELECTIONS.  313 

public  nature  which  shall  have  been  lawfully  commenced  or 
undertaken,  the  same  shall  not  be  interrupted  by  the  pas- 
sage of  this  act,  but  shall  be  taken  up  and  carried  forward 
by  the  proper  officers  or  department  as  prescribed  in  this 
act,  except  that  in  case  of  public  improvement  of  any  kind 
whatever  of  sewers,  streets,  alleys,  levees,  parks  and  public 
buildings  or  any  other  matter  of  an  executive  nature  in 
which  a  contract  has  not  prior  to  the  taking  effect  of  this 
act  been  actually  let  and  entered  into,  the  executive  depart- 
ment having  charge  of  such  matter  shall  not  be  bound  unless 
it  so  elects  by  the  previous  proceedings  but  may  review  the 
whole  subject  and  modify,  change,  rescind  all  orders  pre- 
viously made  in  that  behalf :  Provided j  That  any  city  of  the 
fourth  class  having  a  population  of  more  than  twenty  thou- 
sand after  the  census  of  1910  shall  continue  to  be  a  city  of 
the  fourth  class  until  the  expiration  of  the  term  of  office 
of  the  officers  elected  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1909:  Proinded  further,  That  any 
city  of  the  fourth  class  having  a  city  judge,  a  city  controller 
and  a  board  of  public  works,  or  any  of  them,  and  becoming 
a  city  of  the  third  class  at  the  expiration  of  the  term  of  of- 
fice of  the  officers  elected  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1909,  shall,  upon  becoming  a  city  of 
the  third  class,  continue  to  have  such  city  judge,  city  con- 
troller and  board  of  public  works,  unless  abolished  by  ordi- 
nance of  the  common  council  enacted,  in  case  of  the  city 
judge,  at  least  thirty  days  before  the  city  election:  Pro- 
vided further,  That  no  city  marshal  shall  be  appointed  or 
elected  in  any  city  of  the  fifth  class  having  a  board  of  met- 
ropolitan police  commissioners  and  a  metropolitan  police 
force.  In  cities  of  the  fourth  class  where  the  county  treas- 
urer shall  act  as  city  treasurer,  his  salary  as  such  shall 
be  six  hundred  dollars  per  year,  which  may  be  increased  by 
ordinance  to  any  sum  not  exceeding  one  thousand 
($1,000.00)  dollars  per  year,  and  in  cities  of  the  fifth  class 
where  the  county  treasurer  acts  as  city  treasurer,  his  salary 
as  such  shall  be  three  hundred  ($300.00)  per  year,  which 
may  be  increased  by  ordinance  to  any  sum  not  exceeding 
eight  hundred  dollars  ($800.00)  per  year.  In  addition  to 
such  salary,  the  county  treasurer  shall  receive  ^yq  per  cent, 
of  the  amount  of  all  delinquent  city  taxes  collected  by  him 
for  such  city.    In  cities  of  the  fourth  and  fifth  classes,  in 


314  GENERAL    LAWS 

which  the  county  treasurer  acts  as  city  treasurer,  the  com- 
mon council  shall  allow  the  auditor  of  such  county  for  his 
services  rendered  such  city,  an  annual  compensation  not  to 
exceed  three  hundred  dollars  ($300.00)  per  year,  and  all 
salaries  for  the  fiscal  year  relating  to  the  county  treasurers 
and  county  auditors,  shall  be  adopted  by  the  common  council 
of  cities  of  the  fourth  and  fifth  classes  on  or  before  the  first 
meeting  in  September  of  each  year.  Whenever  the  county 
treasurer  acts  as  city  treasurer  of  any  city,  such  treasurer 
shall,  as  soon  as  collected,  credit  to  the  account  of  such  city 
all  moneys  collected  by  such  treasurer  for  any  purpose  for 
such  city  and  thereafter  such  funds  shall  be  available  for  use 
by  such  city :  and  Provided ,  further,  That  the  salaries  of 
such  city  officers  shall  be  fixed  during  the  month  of  Septem- 
ber preceding  the  election  each  four  years  and  shall  not  be 
increased  or  lowered  during  the  term  for  which  any  officer 
may  have  been  elected  or  appointed,  and  the  amount  of  sala- 
ries of  such  officers  shall  be  fixed  under  the  provisions  of  the 
law  now  in  force  governing  the  salaries  of  such  officers  in 
cities  of  the  third  class.  Nothing  in  this  act  shall  be  so  con- 
strued as  to  affect  the  election  or  number  of  councilmen  in 
cities  having  a  population  of  one  hundred  thousand  and  up- 
wards according  to  the  last  preceding  census  of  the  United 
States,  but  such  elections  and  the  number  of  councilmen  for 
such  cities  shall  be  in  conformity  to  an  act  in  relation  to  cit- 
ies having  a  population  of  one  hundred  thousand  and  up- 
wards, according  to  the  last  preceding  census  of  the  United 
States :  Provided,  however,  That  iii  cities  of  the  fourth  class 
the  mayor  shall  appoint  the  board  of  public  works ;  the  sala- 
ry of  each  member  of  such  board  of  public  works  shall  not  be 
less  than  twelve  hundred  dollars  per  year,  which  may  be 
increased  by  ordinance  to  fifteen  hundred  dollars  per  year ; 
and  in  such  cities  as  own  and  operate  both  an  electric  light 
plant  and  water  works  plant  as  public  utilities,  the  salary 
of  the  mayor  of  such  city  shall  be  two  thousand  dollars  per 
year,  five  hundred  dollars  of  which  shall  be  paid  out  of  the 
funds  arising  from  such  public  utilities,  in  such  proportions 
as  the  board  of  works  may  order  and  direct :  and  Provided 
further.  That  in  cities  of  the  fourth  class  the  city  attorney 
may;  only  by  and  with  the  consent  of  the  board  of  public 
works  and  mayor  of  such  city ;  compromise  litigation  affect- 
ing such  city  when  it  is  for  the  best  interest  of  such  city. 


CONCERNING    ELECTIONS.  315 

and  to  that  end,  upon  direction  of  the  mayor  and  board  of 
public  works  may  confess  judgment  in  any  of  the  courts 
of  competent  jurisdiction  for  such  sum  as  may  be  agreed 
upon  by  said  mayor  and  board  of  public  works.  (As 
amended,  Acts  1913,  p.  933.  R.  S.  1914,  §8644.)  (This 
section  amends  Section  1  of  the  Acts  of  1909,  p.  455,  which 
amended  Section  43  of  the  Acts  of  1905,  p.  236.  There  seems 
to  be  confusion  in  the  titles  of  these  acts.) 

408.    City  Judge — Election,  Terms,  Etc. — Jurisdiction. 

216.  The  City  Judge  shall  be  elected  by  the  legal 
voters  of  such  city,  at  the  same  time  and  in  the  same  man- 
ner as  the  other  city  oflScers  are  elected,  for  the  term  of 
four  years  and  until  his  successor  is  elected  and  qualified. 
His  term  of  office  shall  begin  at  12  o'clock  noon  on  the 
first  Monday  of  January  following  his  election ;  except  that 
any  City  Judge  elected  at  the  election  to  be  held  in  Novem- 
ber, 1905,  shall,  as  in  the  case  of  other  officers  then  elected, 
hold  only  from  the  expiration  of  the  term  of  his  predeces- 
sor and  until  the  first  Monday  in  January,  1910.  Before 
entering  upon  the  discharge  of  his  duties  he  shall  execute 
a  bond,  payable  to  such  city  in  the  penal  sum  of  five  thou- 
sand dollars,  with  good  and  sufficient  surety,  to  be  ap- 
proved by  the  Mayor  and  filed  in  the  office  of  the  City  Con- 
troller, conditioned  for  the  faithful  discharge  of  the  duties 
of  his  office.  He  shall  hold  daily  sessions  of  the  city  court, 
Sundays  excepted,  at  a  place  to  be  provided  and  designated 
by  the  Common  Council.  He  shall  have  and  exercise  with- 
in the  county  in  which  such  city  is  located  the  powers  and 
jurisdiction  now  or  hereafter  conferred  upon  Justices  of 
the  Peace  in  all  cases  of  crimes  and  misdemeanors,  except 
as  otherwise  provided.  He  shall  have  exclusive  jurisdiction 
of  all  violations  of  the  ordinances  of  such  city.  He  shall 
also  have  original  concurrent  jurisdiction  with  the  Circuit 
Court  or  Criminal  Court  in  all  cases  of  petit  larceny  and  all 
other  violations  of  the  laws  of  the  State  where  the  penalty 
provided  therefor  can  not  exceed  a  fine  of  five  hundred  dol- 
lars and  imprisonment  in  the  jail  or  workhouse  not  exceed- 
ing six  months,  or  either  or  both :  Provided,  That  such  City 
Judge,  in  any  case  brought  before  him  charging  any  person 
with   a   crime   or   misdemeanor,  if  in  the  opinion  of  such 


316  GENERAL    LAWS 

Judge,  the  punishmeiit  which  he  is  authorized  to  assess  is 
not  adequate  to  the  offense,  may  so  find,  and  in  such  case 
he  shall  hold  such  prisoner  to  bail  for  his  appearance  be- 
fore the  proper  court,  or  commit  him  to  jail  in  default  of 
such  bail.    (E.  S.  1908  and  1914,  §8842 ;  R.  S.  1905,  §3641.) 

409.    Waterworks — Gas  Works — Bonds — Election. 

249.  Any  city  or  town  may  erect  or  construct  water- 
works, gas  works,  electric  light  works,  heating,  steam  and 
power  plants,  or  combination  of  such  utilities,  together  with 
all  buildings,  lines  and  accessories  necessary  thereto,  and 
may  purchase  or  lease  any  such  works  and  utilities  already 
constructed,  or  in  course  of  construction  and  owned  by  any 
other  person;  and  may  also  purchase,  condemn  or  lease 
other  lands  for  said  purposes ;  and  may  also  extend,  change 
and  improve  such  works  and  utilities  when  so  acquired; 
all  for  the  purpose  of  furnishing  the  inhabitants  of  such 
city  or  town  and  vicinity  thereof  with  the  use  and  conven- 
ience of  any  or  all  of  such  utilities :  Provided,  That  before 
any  city  or  town  shall  enter  upon  the  policy  of  erecting  and 
constructing  any  such  new  works  and  utilities,  or  the  pur- 
chase or  lease  of  the  same  from  other  persons,  the  common 
council  of  such  city  or  the  board  of  trustees  of  such  town, 
as  the  case  may  be,  shall  adopt  a  resolution,  designated  by 
number,  declaring  the  necessity  for  entering  upon  the  policy 
of  such  erection  and  construction,  or  purchase  or  lease.  In 
case  of  the  proposed  erection  and  construction  of  new 
works,  said  declaratory  resolution  shall  fix  the  general  char- 
acter and  the  probable  maximum  cost  thereof;  and  in  case 
of  the  purchase  or  lease  of  such  works  from  other  persons^ 
such  common  council  or  board  of  trustees  shall  first  pro- 
cure an  option  from  the  owners  of  such  works  agreeing  to 
sell  or  lease  the  same  upon  the  terms  of  a  definite  proposed 
contract  of  sale  or  lease  upon  approval  thereof  by  popular 
vote,  and  a  full  copy  of  said  proposed  contract  of  sale  or 
lease  shall  be  incorporated  in,  and  made  a  part  of,  said 
declaratory  resolution.  Before  such  declaratory  resolution 
is  confirmed  and  the  policy  thereof  entered  upon,  said  com- 
mon council  or  board  of  trustees  shall  submit  the  same  to 
the  qualified  voters  of  such  city  or  town,  at  a  special  or 
general  election,  of  which  election  previous  notice  shall  be 
given  by  publication  once  each  week  for  two  weeks  in  some 


CONCERNING   ELECTIONS.  317 

newspaper  printed  and  of  general  circulation  in  such  city 
or  town,  and  if  there  be  no  such  newspaper,  then  in  some 
newspaper  printed  and  of  general  circulation  in  the  county 
in  which  such  city  or  town  is  situated,  the  first  of  such  publi- 
cations to  be  at  least  twenty  days  prior  to  the  day  fixed  for 
such  election.  The  tickets  for  such  election  shall  have  printed 
thereon,  in  separate  lines,  the  following  phrases,  '^For 
Declaratory  Resolution  No.  ,'^  and  ** Against  Declara- 
tory Resolution  No.  ,'^  designating  the  number  of  the 
resolution  submitted,  or  other  similar  phrases  by  which  the 
voter  may  effectually  express  his  choice  upon  the  question 
submitted;  and  each  phrase  shall  have  printed  to  the  left 
thereof  a  voting  square,  by  marking  in  which  square  the 
voter  shall  express  his  choice ;  and  such  elections  shall  other- 
wise be  governed  by  the  general  election  laws  of  the  State 
of  Indiana,  so  far  as  applicable.  If  such  resolution  be  sub- 
mitted at  a  general  election  of  such  city  or  town,  the  tickets 
therefor  shall  be  printed  upon  and  at  the  bottom  of  the  gen- 
eral tickets  containing  the  names  of  candidates  at  such  elec- 
tion. If  a  majority  of  the  votes  cast  at  such  election  be  in 
favor  of  such  resolution,  such  common  council  or  board  of 
trustees  may,  by  ordinance,  confirm  such  resolution  and  pro- 
ceed to  execute  the  policy  thereof;  but  if  a  majority  of  such 
votes  be  opposed  to  such  resolution,  then  such  common  coun- 
cil or  board  of  trustees  shall  have  no  power  to  confirm  the 
same  or  to  execute  the  policy  thereof.  Such  city  or  town 
is  hereby  authorized,  for  the  purpose  of  procuring  the 
means  to  acquire  the  aforesaid  works  and  utilities,  or  to 
improve  the  same  when  acquired,  as  hereinbefore  author- 
ized, to  issue  and  sell  the  bonds  of  such  city  or  town  pur- 
suant to  and  in  conformity  with  the  provisions  of  section 
fifty-five  (55)  of  this  act.  (As  amended.  Acts  1911,  p.  563. 
R.  S.  1914,  Sec.  8921.)  ^ 


I 


318  GENERAL    LAWS 

CHAPTER  9. 


SOLICITING  NATURALIZATION. 

SEC.  SEC. 

410.    Election — Alien  citizen — Soliciting  declara-        411.     Declaration  fee — Illegal  payment,  etc. 
tion.  412.    Penalty. 

[Acts  1911,  page  672.    Approved  March  6,  1911.     In  force  April  21,  1911.] 

410.  Election — Alien  Citizen — Soliciting  Declaration. 

1.  That  it  shall  be  unlawful  for  any  person,  corpora- 
tion, political  organization,  political  party  or  committee  of 
any  political  party,  to  pay  or  offer  to  pay  for  any  person 
of  foreign  birth  or  alien,  the  fee  charged  by  the  Clerk  of  the 
Circuit  or  Superior  Court  of  any  county,  or  Clerk  of  the 
Federal  Court  when  an  alien  declares  his  intention  to  be- 
come a  citizen  of  the  United  States,  or  to  pay  or  offer  to 
pay  to  any  such  alien  for  his  loss  of  time  or  traveling  ex- 
penses or  any  other  expenses  when  such  alien  declares  his 
intention  to  become  a  citizen  of  the  United  States,  or  in  any 
other  way  or  manner  to  lend  any  pecuniary  aid  or  make 
any  promise  of  anything  of  value  of  any  kind  whatever,  di- 
rectly or  indirectly,  to  any  alien  in  declaring  his  intention 
to  become  a  citizen  of  the  United  States,  to  lend  any  pe- 
cuniary aid  or  to  make  any  promise  of  value  of  any  kind 
whatever,  directly  or  indirectly,  to  any  alien  in  declaring 
his  intention  to  become  a  citizen  of  the  United  States.  (R. 
S.  1914,  Sec.  2585a.) 

411.  Declaration  Fee — Illegal  Pa3nnent,  Etc. 

2.  The  paying  of  any  fee  either  to  the  Clerk  of  the 
United  States  Court  or  the  Clerk  of  the  Circuit  or  Superior 
Court  of  the  county  where  any  alien  may  have  declared  his 
intention  to  become  a  citizen  of  the  United  States  by  any 
person  or  persons  or  any  combination  or  association  of  per- 
sons or  by  any  political  organization  or  member  of  any  or- 
ganization of  men  for  political  purposes,  for  the  purpose 
of  procuring  a  certificate  for  said  alien  showing  him  to 
have  declared  his  intention  to  become  a  citizen  of  the 
United  States  shall  be  grounds  for  a  contest  of  election  for 
the  office  of  any  candidate  or  candidates  who  may  have  re- 
ceived the  vote  of  any  such  alien,  and  where  any  petition 


CONCEKNING    ELECTIONS.  319 

for  contest  has  been  filed,  evidence  may  be  introduced  upon 
the  hearing  of  such  contest  for  the  purpose  of  establish- 
ing the  fact  that  the  fee  necessary  to  be  paid  at  the  time 
of  the  declaration  of  his  intention  by  any  alien  was  paid 
by  some  other  person  than  himself  and  for  whom  said  alien 
voted,  and  if  it  appears  that  any  such  votes  were  cast  for 
the  contestee  in  any  such  contest,  such  votes  shall  not  be 
counted  for  such  contestee  and  if  cast  with  his  knowledge 
or  consent,  his  election  shall  be  declared  invalid,  and  the 
contestor,  if  he  received  the  next  highest  number  of  legal 
votes  for  said  office  shall  be  entitled  to  said  office,  and  it 
shall  in  like  manner  vitiate  and  invalidate  the  election  of 
any  contestee  in  any  proceeding  for  the  contest  of  an  elec- 
tion when  it  is  shown  upon  the  hearing  thereof  that  any 
inducement,  solicitation  or  offer  of  reward  or  gain  shall 
have  been  made  to  any  such  alien  by  such  contestor  or 
with  his  knowledge  or  consent  for  the  purpose  of  induc- 
ing him  to  declare  his  intention  to  become  a  citizen  of  the 
United  States  for  the  purpose  of  voting  at  any  election 
either  general  or  special.     (R.  S.  1914,  Sec.  b.) 

412.    Penalty. 

3.  Any  person  or  persons  or  corporations  violating  any 
of  the  provisions  of  this  Act,  shall,  on  conviction  be  fined 
not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars  and  be  imprisoned  not  less  than  one  year  nor 
more  than  fourteen  years.     (R.  S.  1914,  Sec.  c.) 


320 


GENERAL    LAWS 


CHAPTER  10. 


NATURALIZATION  LAWS. 


413.  Jurisdiction  of  Courts. 

414.  Anarchists  and  polygamists  debarred. 

415.  Speaking  English  language. 

416.  Alien  enemies  debarred. 

417.  Alien  soldiers  and  sailors. 

418.  Merchant  seamen. 

419.  Chinese  not  admitted. 

420.  Whites  and  Africans  included. 

421.  How  naturalization  obtained. 

422.  Notice  of  petition. 

423.  Petition,  filing,  docketing. 

424.  Hearing  and  order. 

425.  Residence — Proof. 

426.  United  States  may  appear. 

427.  Clerk's  duties — Duplicates. 

428.  Binding  and  indexing  papers. 


429.  Fees. 

430.  Cancellation  of  certificates. 

431.  Forged  certificates. 

432.  Counterfeiting  blanks. 

433.  Felonious  issuance. 

434.  Wrongful  possession. 

435.  Embezzlement  of  fees. 

436.  Extortion. 

437.  Fals,e  certificate. 

438.  Wrongful  possession. 

439.  Limitation  five  years. 

440.  Saving  clause. 

441.  Colonials. 

442.  Children  of  citizens. 

443.  Forms. 

444.  Power  to  make  rule. 


[Act  of  Congress  of  June  29,  1906.] 

413.    Jurisdiction  of  Courts. 

3.  Exclusive  jurisdiction  to  naturalize  aliens  as  citi- 
zens of  the  United  States  is  hereby  conferred  upon  the  fol- 
lowing specified  courts : 

United  States  Circuit  and  District  Courts  now  existing, 
or  which  may  hereafter  be  established  by  Congress  in  any 
State,  United  States  District  Courts  for  the  Territories  of 
Arizona,  New  Mexico,  Oklahoma,  Hawaii,  and  Alaska,  the 
Supreme  Court  of  the  District  of  Columbia,  and  the  United 
States  Courts  for  the  Indian  Territory ;  also  all  courts  of 
record  in  any  State  or  Territory  now  existing,  or  which  may 
hereafter  be  created,  having  a  seal,  a  Clerk,  and  jurisdic- 
tion in  actions  at  law  or  equity,  or  law  and  equity,  in  which 
the  amount  in  controversy  is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  here- 
in specified.  State,  Territorial,  and  Federal,  shall  extend 
only  to  aliens  resident  within  the  respective  judicial  dis- 
tricts of  such  courts. 

The  Courts  herein  specified  shall,  upon  the  requisition 
of  the  Clerks  of  such  courts,  be  furnished  from  time  to 
time  by  the  Bureau  of  Immigration  and  Naturalization  with 
such  blank  forms  as  may  be  required  in  the  naturalization 
of  aliens,  and  all  certificates  of  naturalization  shall  be  con- 
secutively numbered  and  printed  on  safety  paper  furnished 
by  said  Bureau.     (R.  S.  1908  and  1914,  §9047.) 


I 


CONCERNING    ELECTIONS.  321 

414.     Anarchists  and  Polygamists  Debarred. 

7.  No  person  who  disbelieves  in  or  who  is  opposed  to 
organized  government,  or  who  is  a  member  of  or  affiliated 
with  any  organization  entertaining  and  teaching  such  dis- 
belief in  or  opposition  to  organized  government,  or  who  ad- 
vocates or  teaches  the  duty,  necessity,  or  propriety  of  the 
unlawful  assaulting  or  killing  of  any  officer  or  officers, 
either  of  specific  individuals  or  of  officers  generally,  of  the 
Government  of  the  United  States,  or  of  any  other  organized 
government,  because  of  his  or  their  official  character,  or  who 
is  a  polygamist,  shall  be  naturalized  or  be  made  a  citizen 
of  the  United  States.  (R.  S.  1908  and  1914,  §9048 ;  34  U.  S. 
Stat.  L.  598.) 


415.  Speaking  English  Language. 

8.  No  alien 'shall  hereafter  be  naturalized  or  admitted 
as  a  citizen  of  the  United  States  who  can  not  speak  the 
English  language:  Provided,  That  this  requirement  shall 
not  apply  to  aliens  who  are  physically  unable  to  comply 
therewith,  if  they  are  otherwise  qualified  to  become  citi- 
zens of  the  United  States :  And  provided  further.  That  the 
requirement  of  this  section  shall  not  apply  to  any  alien  who 
has  prior  to  the  passage  of  this  act  declared  his  intention 
to  become  a  citizen  of  the  United  States  in  conformity  with 
the  law  in  force  at  the  date  of  making  such  declaration: 
Provided  further.  That  the  requirements  of  Section  eight 
shall  not  apply  to  aliens  who  shall  hereafter  declare  their 
intention  to  become  citizens  and  who  shall  make  homestead 
entries  upon  the  public  lands  of  the  United  States  and  com- 
ply in  all  respects  with  the  laws  providing  for  homestead 
entries  on  such  lands.  (R.  S.  1908  and  1914,  §9040 ;  34  U.  S. 
Stat.  L.  599.) 

416.  Alien  Enemies  Debarred. 

2171.  No  alien  who  is  a  native  citizen  or  subject,  or 
a  denizen  of  any  country,  state,  or  sovereignty  with  which 
the  United  States  are  a^  war,  at  the  time  of  his  application, 
shall  be  then  admitted  to  become  a  citizen  of  the  United 
States.     (E.  S.  1908  and  1914,  §9050 ;^K  S.  U.  S.  §2171.) 

21—1779 


322  •  GENERAL    LAWS  .    .       . 

417.  Alien  Soldiers  and  Sailors. 

2166.  Any  alien,  of  the  age  of  twenty-one  years,  and 
upward,  who  has  enlisted,  or  may  enlist,  in  the  armies  of 
the  United  States,  either  the  regular  or  the  volunteer  forces, 
and  has  been,  or  may  be  hereafter,  honorably  discharged, 
shall  be  admitted  to  become  a  citizen  of  the  United  States, 
upon  his  petition,  without  any  previous  declaration  of  his 
intention  to  become  such;  and  he  shall  not  be  required  to 
prove  more  than  one  yearns  residence  within  the  United 
States  previous  to  his  application  to  become  such  citizen; 
and  the  court  admitting  such  alien  shall,  in  addition  to  such 
proof  of  residence  and  good  moral  character,  as  now  pro- 
vided by  law,  be  satisfied  by  competent  proof  of  such  per- 
son's having  been  honorably  discharged  from  the  service 
of  the  United  States.     (R.  S.  U.  S.  §2166.) 

Any  alien  of  the  age  of  twenty-one  years  and  upward 
who  has  enlisted  or  may  enlist  in  the  United  States  Navy 
or  Marine  Corps,  and  has  served  or  may  hereafter  serve 
five  consecutive  years  in  the  United  States  Navy  or  one  en- 
listment in  the  United  States  Marine  Corps,  and  has  been 
or  may  hereafter  be  honorably  discharged,  shall  be  admit- 
ted to  become  a  citizen  of  the  United  States  upon  his  peti- 
tion, without  any  previous  declaration  of  his  intention  to 
become  such;  and  the  court  admitting  such  alien  shall,  in 
addition  to  proof  of  good  moral  character^  be  satisfied  by 
competent  proof  of  such  person's  service  in  and  honorable 
discharge  from  the  United  States  Navy  or  Marine  Corps. 
(R.  S.  1908  and  1914,  §9051;  28  U.  S.  Stat.  L.  124.) 

418.  Merchant  Seamen. 

2174.  Every  seaman,  being  a  foreigner,  who  declares 
his  intention  of  becoming  a  citizen  of  the  United  States  in 
any  competent  court,  and  shall  have  served  three  years  on 
board  of  a  merchant  vessel  of  the  United  States  subsequent 
to  the  date  of  such  declaration,  may,  on  his  application  to 
any  competent  court,  and  the  production  of  his  certificate 
of  discharge  and  good  conduct  during  that  time,  together 
with  the  certificate  of  his  declaration  of  intention  to  become 
a  citizen,  be  admitted  a  citizen  of  the  United  States;  and 
every  seaman,  being  a  foreigner,  shall,  after  his  declaration 
of  intention  to  become  a  citizen  of  the  United  States,  and 


CONCERNING    ELECTIONS.  323 

after  he  shall  have  served  such  three  years,  be  deemed  a 
citizen  of  the  United  States  for  the  purpose  of  manning 
and  serving  on  board  any  merchant-vessel  of  the  United 
States,  anything  to  the  contrary  in  any  act  of  Congress  not- 
withstanding;  but  such  seaman  shall,  for  all  purposes  of 
protection  as  an  American  citizen,  be  deemed  such,  after 
the  filing  of  his  declaration  of  intention  to  become  such  citi- 
zen.    (E.  S.  1908  and  1914,  §9052;  E.  S.  U.  S.  §2174.) 

419.  Chinese  Not  Admitted. 

14.  That  hereafter  no  State  court  or  court  of  the  United 
States  shall  admit  Chinese  to  citizenship;  and  all  laws  in 
conflict  with  this  Act  are  hereby  repealed.  (E.  S.  1908  and 
1914,  §9055a;  22  U.  S.  Stat.  L.  58.) 

420.  Whites  and  Africans  Included. 

2169.  (As  amended,  1875.) — ^The  provisions  of  this  title 
shall  apply  to  aliens  being  free  white  persons,  and  to  aliens 
of  African  nativity  and  to  persons  of  African  descent.  (E. 
S.  1908  and  1914,  §9055b;  E.  S.  U.  S.  §2169.) 

421.  How  Naturalization  Obtained. 

4.  An  alien  may  be  admitted  to  become  a  citizen  of  the 
United  States  in  the  following  manner  and  not  otherwise: 

First.  He  shall  declare  on  oath  before  the  clerk  of  any 
court  authorized  by  this  Act  to  naturalize  aliens,  or  his  au- 
thorized deputy,  in  the  district  in  which  such  alien  resides, 
two  years  at  least  prior  to  his  admission,  and  after  he  has 
reached  the  age  of  eighteen  years,  that  it  is  bona  fide  his 
intention  to  become  a  citizen  of  the  United  States,  and  to 
renounce  forever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state,  or  sovereignty,  and  particularly,  by 
name,  to  the  prince,  potentate,  state,  or  sovereignty  of 
which  the  alien  may  be  at  the  time  a  citizen  or  subject. 
And  such  declaration  shall  set  forth  the  name^  age,  occupa- 
tion, personal  description,  place  of  birth,  last  foreign  resi- 
dence and  allegiance,  the  date  of  arrival,  the  name  of  the 
vessel,  if  any,  in  which  he  came  to  the  United  States,  and 
the  present  place  of  residence  in  the  United  States  of  said 
alien :  Provided,  however,  That  no  alien  who,  in  conformity 
with  the  law  in  force  at  the  date  of  this  declaration,  h^§ 


324  GENERAL    LAWS 

declared  his  intention  to  become  a  citizen  of  the  United 
States  shall  be  required  to  renew  such  declaration. 

Second.  Not  less  than  two  years  nor  more  than  seven 
years  after  he  has  made  such  declaration  of  intention  he 
shall  make  and  file,  in  duplicate,  a  petition  in  writing, 
signed  by  the  applicant  in  his  own  handwriting  and  duly 
verified,  in  which  petition  such  applicant  shall  state  his  full 
name,  his  place  of  residence  (by  street  and  number,  if  pos- 
sible), his  occupation,  and,  if  possible,  the  date  and  place 
of  his  birth;  the  place  from  which  he  emigrated,  and  the 
date  and  place  of  his  arrival  in  the  United  States,  and,  if 
he  entered  through  a  port,  the  name  of  the  vessel  on  which 
he  arrived;  the  time  when  and  the  place  and  name  of  the 
court  where  he  declared  his  intention  to  become  a  citizen 
of  the  United  States;  if  he  is  married  he  shall  state  the 
name  of  his  wife,  and,  if  possible,  the  country  of  her  na- 
tivity and  her  place  of  residence  at  the  time  of  filing  of 
his  petition;  and  if  he  has  children  the  name,  date,  and 
place  of  birth  and  place  of  residence  of  each  child  living  at 
the  time  of  the  filing  of  his  petition :  Provided,  That  if  he 
has  filed  his  declaration  before  the  passage  of  this  Act  he 
shall  not  be  required  to  sign  the  petition  in  his  own  hand- 
writing. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever 
in  or  opposed  to  organized  government,  or  a  member  of  or 
affiliated  with  any  organization  or  body  of  persons  teaching 
disbelief  in  or  opposed  to  organized  government,  a  polyga- 
mist  or  believer  in  the  practice  of  polygamy,  and  that  it  is 
his  intention  to  become  a  citizen  of  the  United  States  and 
to  renounce  absolutely  and  forever  all  allegiance  and  fidel- 
ity to  any  foreign  prince,  potentate,  state,  or  sovereignty, 
and  particularly  by  name  to  the  prince,  potentate,  state  or 
sovereignty  of  which  he  at  the  time  of  filing  of  his  petition 
may  be  a  citizen  or  subject,  and  that  it  is  his  intentian  to  re- 
side permanently  within  the  United  States,  and  whether  or 
not  he  has  been  denied  admission  as  a  citizen  of  the  United 
States,  and,  if  denied,  the  ground  or  grounds  of  such  de- 
nial, the  court  or  courts  in  which  such  decision  was  ren- 
dered, and  that  the  cause  for  such  denial  has  since  been 
cured  or  removed,  and  every  fact  material  to  his  naturaliza- 
tion and  required  to  be  proved  upon  the  final  hearing  of 
his  application. 


CONCERNING    ELECTIONS.  325 

The  petition  shall  also  be  verified  by  the  affidavits  of 
at  least  two  credible  witnesses,  who  are  citizens  of  the 
United  States,  and  who  shall  state  in  their  affidavits  that 
they  have  personally  known  the  applicant  to  be  a  resident 
of  the  United  States  for  a  period  of  at  least  five  years  con- 
tinuously, and  of  the  State,  Territory,  or  district  in  which 
the  application  is  made  for  a  period  of  at  least  one  year 
immediately  preceding  the  date  of  the  filing  of  his  petition, 
and  that  they  each  have  personal  knowledge  that  the  peti- 
tioner is  a  person  of  good  moral  character,  and  that  he  is 
in  every  way  qualified,  in  their  opinion,  to  be  admitted  as 
a  citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with 
the  Clerk  of  the  Court  a  certificate  from  the  Department 
of  Commerce  and  Labor,  if  the  petitioner  arrives  in  the 
United  States  after  the  passage  of  this  Act,  stating  the 
date,  place,  and  manner  of  his  arrival  in  the  United  States, 
and  the  declaration  of  intention  of  such  petitioner,  which 
certificate  and  declaration  shall  be  attached  to  and  made  a 
part  of  said  petition. 

Third.  He  shall,  before  he  is  admitted  to  citizenship, 
declare  on  oath  in  open  court  that  he  will  support  the  Con- 
stitution of  the  United  States,  and  that  he  absolutely  and 
entirely  renounces  and  abjures  all  allegiance  and  fidelity 
to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and 
particularly  by  name  to  the  prince,  potentate,  state  or  sov- 
ereignty of  which  he  was  before  a  citizen  or  subject;  that 
he  will  support  and  defend  the  Constitution  and  laws  of 
the  United  States  against  all  enemies,  foreign  and  domestic, 
and  bear  true  faith  and  allegiance  to  the  same. 

Fourth.  It  shall  be  made  to  appear  to  the  satisfaction 
of  the  court  admitting  any  alien  to  citizenship  that  immedi- 
ately preceding  the  date  of  his  application  he  has  resided 
continuously  within  the  United  States  five  years  at  least, 
and  within  the  State  or  Territory  where  such  court  is  at 
the  time  held  one  year  at  least,  and  that  during  that  time 
he  has  behaved  as  a  man  of  good  moral  character,  attached 
to  the  principles  of  the  Constitution  of  the  United  States, 
and  well  disposed  to  the  good  order  and  happiness  of  the 
same.  In  addition  to  the  oath  of  the  applicant,  the  testi- 
mony of  at  least  two  witnesses,  citizens  of  the  United  States, 
as  to  the  facts  of  residence,  moral  character,  and  attach- 


326  GENERAL    LAWS 

ment  to  the  principles  of  the  Constitution  shall  be  required, 
and  the  name,  place  of  residence,  and  occupation  of  each 
witness  shall  be  set  forth  in  the  record. 

Fifth.  In  case  the  alien  applying  to  be  admitted  to 
citizenship  has  borne  any  hereditary  title,  or  has  been  of 
any  of  the  orders  of  nobility  in  the  kingdom  or  state  from 
which  he  cam.e,  he  shall,  in  addition  to  the  above  requisites, 
make  an  express  renunciation  of  his  title  or  order  of  nobil- 
ity in  the  court  to  which  his  application  is  made,  and  his  re- 
nunciation shall  be  recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  intention 
to  become  a  citizen  of  the  United  States  dies  before  he  is 
actually  naturalized  the  widow  and  minor  children  of  such 
alien  may,  by  complying  with  the  other  provisions  of  this 
Act,  be  naturalized  without  making  any  declaration  of  in- 
tention.   (E.  S.  1908  and  1914,  §9055c ;  34  U.  S.  Stat.  L.  596.) 

422.  Notice  of  Petition. 

5.  The  Clerk  of  the  court  shall,  immediately  after 
filing  the  petition,  give  notice  thereof  by  posting  in  a  pub- 
lic and  conspicuous  place  in  his  office,  or  in  the  building 
in  which  his  office  is  situated,  under  an  appropriate  head- 
ing, the  name,  nativity,  and  residence  of  the  alien,  the  date 
and  place  of  his  arrival  in  the  United  States,  and  the  date, 
as  nearly  as  may  be,  for  the  final  hearing  of  his  petition, 
and  the  names  of  the  witnesses  whom  the  applicant  expects 
to  summon  in  his  behalf;  and  the  Clerk  shall,  if  the  appli- 
cant requests  it,  issue  a  subpoena  for  the  witnesses  so  named 
by  the  said  applicant  to  appear  upon  the  day  set  for  the 
final  hearing,  but  in  case  such  witnesses  can  not  be  pro- 
duced upon  the  final  hearing  other  witnesses  may  be  sum- 
moned.   (R.  S.  1908  and  1914,  §9055d ;  34  U.  S.  Stat.  L.  598. ) 

423.  Petition,  Filing,  Docketing. 

6.  Petitions  for  naturalization  may  be  made  and  filed 
during  term  time  or  vacation  of  the  court  and  shall  be 
docketed  the  same  day  as  filed,  but  final  action  thereon 
shall  be  had  only  on  stated  days,  to  be  fixed  by  rule  of  the 
court,  and  in  no  case  shall  final  action  be  had  upon  a  peti- 
tion until  at  least  ninety  days  have  elapsed  after  filing  and 
posting  the  notice  of  such  petition :      Provided,    That   no 


CONCERNING   ELECTIONS.  327 

person  sliall  be  naturalized  nor  shall  any  certificate  of 
naturalization  be  issued  by  any  court  within  thirty  days 
preceding  the  holding  of  any  general  election  within  its  ter- 
ritorial jurisdiction.  It  shall  be  lawful,  at  the  time  and  as 
a  part  of  the  naturalization  of  any  alien,  for  the  court,  in  its 
discretion,  upon  the  petition  of  such  alien,  to  make  a  decree 
changing  the  name  of  said  alien,  and  his  certificate  of  natu- 
ralization shall  be  issued  to  him  in  accordance  therewith. 
(R.  S.  1908  and  1914,  §9055e;  34  U.  S.  Stat.  L.  598.) 

424.  Hearing  and  Order. 

9.  Every  final  hearing  upon  such  petition  shall  be  had 
in  open  court  before  a  judge  or  judges  thereof,  and  every 
final  order  which  may  be  made  upon  such  petition  shall 
be  under  the  hand  of  the  court  and  entered  in  full  upon 
a  record  kept  for  that  purpose,  and  upon  such  final  hear- 
ing of  such  petition  the  applicant  and  witnesses  shall  be 
examined  under  oath  before  the  court  and  in  the  presence 
of  the  court.  (R.  S.  1908  and  1914,  §9055f ;  34  U.  S.  Stat.  L. 
599.) 

425.  Residence — Proof. 

10.  In  case  the  petitioner  has  not  resided  in  the  State, 
Territory,  or  district  for  a  period  of  five  years  continuously 
and  immediately  preceding  the  filing  of  his  petition  he  may 
establish  by  two  witnesses,  both  in  his  petition  and  at  the 
hearing,  the  time  of  his  residence  within  the  State,,  pro- 
vided that  it  has  been  for  more  than  one  year,  and  the 
remaining  portion  of  his  five  years'  residence  within  the 
United  States  required  by  law  to  be  established  may  be 
proved  by  the  depositions  of  two  or  more  witnesses  who 
are  citizens  of  the  United  States,  upon  notice  to  the  Bureau 
of  Immigration  and  Naturalization  and  the  United  States 
Attorney  for  the  district  in  which  said  witnesses  may  re- 
side.    (R.  S.  1908  and  1914,  §9055g;  34  U.  S.  Stat.  L.  599.) 

426.  United  States  May  Appear. 

11.  The  United  States  shall  have  the  right  to  appear 
before  any  court  or  courts  exercising  jurisdiction  in  natu- 
ralization proceedings  for  the  purpose  of  cross-examining 
the  petitioner  and  the  witnesses  produced  in  support  of  his 


S2q  general  laws 

petition  concerning  any  matter  touching  or  in  any  way  af- 
fecting his  right  to  admission  to  citizenship,  and  shall  have 
the  right  to  call  witnesses,  produce  evidence,  and  be  heard 
in  opposition  to  the  granting  of  any  petition  in  naturaliza- 
tion proceedings.  (E.  S.  1908  and  1914,  §9055h;  34  U.  S. 
Stat.  L.  599.) 

427.    Clerk's  Duties — Duplicates. 

12.  It  is  hereby  made  the  duty  of  the  Clerk  of  each  and 
every  court  exercising  jurisdiction  in  naturalization  mat- 
ters under  the  provisions  of  this  Act  to  keep  and  ^ie  a 
duplicate  of  each  declaration  of  intention  made  before  him 
and  to  send  to  the  Bureau  of  Immigration  and  Naturaliza- 
tion at  Washington,  within  thirty  days  after  the  issuance  of 
a  certificate  of  citizenship,  a  duplicate  of  such  certificate, 
and  to  make  and  keep  on  file  in  his  office  a  stub  for  each 
certificate  so  issued  by  him,  whereon  shall  be  entered  a 
memorandum  of  all  the  essential  facts  set  forth  in  such 
certificate.  It  shall  also  be  the  duty  of  the  Clerk  of  each  of 
said  courts  to  report  to  the  said  Bureau,  within  thirty  days 
after  the  final  hearing  and  decision  of  the  court,  the  name 
of  each  and  every  alien  who  shall  be  denied  naturalization, 
and  to  furnish  said  Bureau  duplicates  of  all  petitions 
within  thirty  days  after  the  filing  of  the  same,  and  certified 
copies  of  such  other  proceedings  and  orders  instituted  in  or 
issued  out  of  said  court  affecting  or  relating  to  the  natural- 
ization of  aliens  as  may  be  required  from  time  to  time  by 
the  said  Bureau. 

In  case  any  such  Clerk  or  officer  acting  under  his  direc- 
tion shall  refuse  or  neglect  to  comply  with  any  of  the  fore- 
going provisions  he  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty-five  dollars  in  each  and  every  case 
in  which  such  violation  or  omission  occurs,  and  the  amount 
of  such  forfeiture  may  be  recovered  by  the  United  States 
in  an  action  of  debt  against  such  Clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in 
naturalization  matters  shall  be  responsible  for  all  blank 
certificates  of  citizenships  received  by  them  from  time  to 
time  from  the  Bureau  of  Immigration  and  Naturalization, 
and  shall  account  for  the  same  to  the  said  Bureau  whenever 
required  so  to  do  by  such  Bureau.    No  certificate  of  citizen- 


CONCERNING    ELECTIONS.  329 

ship  received  by  any  such  Clerk  which  may  be  defaced  or 
injured  in  such  manner  as  to  prevent  its  use  as  herein 
provided  shall  in  any  case  be  destroyed,  but  such  certificate 
shall  be  returned  to  the  said  Bureau ;  and  in  case  any  such 
Clerk  shall  fail  to  return  or  properly  account  for  any  certi- 
ficate furnished  by  the  said  Bureau,  as  herein  provi'ded,  he 
shall  be  liable  to  the  United  States  in  the  sum  of  fifty  dol- 
lars, to  be  recovered  in  an  action  of  debt,  for  each  and  every 
certificate  not  properly  accounted  for  or  returned.  (R.  S. 
1908  and  1914,  §90551;  34  U.  S.  Stat.  L.  599.) 

428.  Binding  and  Indexing  Papers. 

14.  That  the  declarations  of  intention  and  the  petitions 
for  naturalization  shall  be  bound  in  chronological  order  in 
separate  volumes,  indexed,  consecutively  numbered,  and 
made  part  of  the  records  of  the  court.  Each  certificate  of 
naturalization  issued  shall  bear  upon  its  face,  in  a  place 
prepared  therefor,  the  volume  number  and  page  number  of 
the  petition  whereon  such  certificate  was  issued,  and  the 
volume  number  and  page  number  of  the  stub  of  such  certifi- 
cate.   (R.  S.  1908  and  1914,  §9055j;  34  U.  S.  Stat.  600.) 

429.  Fees. 

13.  The  Clerk  of  each  and  every  court  exercising  juris- 
diction in  naturalization  cases  shall  charge,  collect,  and 
account  for  the  following  fees  in  each  proceeding : 

For  receiving  and  filing  a  declaration  of  intention  and 
issuing  a  duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an  alien 
for  admission  as  a  citizen  of  the  United  States  and  for  the 
final  hearing  thereon,  two  dollars ;  and  for  entering  the  final 
order  and  the  issuance  of  the  certificate  of  citizenship  there- 
under, if  granted,  two  dollars. 

The  Clerk  of  any  court  collecting  such  fees  is  hereby 
authorized  to  retain  one-half  of  the  fees  collected  by  him  in 
such  naturalization  proceeding;  the  remaining  one-half  of 
the  naturalization  fees  in  each  case  collected  by  such  Clerks, 
respectively,  shall  be  accounted  for  in  their  quarterly  ac- 
counts, which  they  are  hereby  required  to  render  the  Bureau 
of  Immigration  and  Naturalization,  and  paid  over  to  such 
Bureau  within  thirty  days  from  the  close  of  each  quarter  in 


330  GENERAL    LAWS 

each  and  every  fiscal  year,  and  the  money  so  received  shall 
be  paid  over  to  the  disbursing  Clerk  of  the  Department  of 
Commerce  and  Labor,  who  shall  thereupon  deposit  them  in 
the  treasury  of  the  United  States,  rendering  an  account 
therefor  quarterly  to  the  Auditor  for  the  State  and  other 
Departments,  and  the  said  disbursing  Clerk  shall  be  held 
responsible  under  his  bond  for  said  fees  so  received. 

In  addition  to  the  fees  herein  required;  the  petitioner 
shall,  upon  the  filing  of  his  petition  to  become  a  citizen  of 
the  United  States,  deposit  with  and  pay  to  the  Clerk  of  the 
court  a  sum  of  money  sufficient  to  cover  the  expenses  of 
subpoenaing  and  paying  the  legal  fees  of  any  witnesses  for 
whom  he  may  request  a  subpoena,  and  upon  the  final  dis- 
charge of  such  witnesses  they  shall  receive,  if  they  demand 
the  same  from  the  Clerk,  the  customary  and  usual  witness 
fees  from  the  moneys  which  the  petitioner  shall  have  paid 
to  such  Clerk  for  such  purpose,  and  the  residue,  if  any,  shall 
be  returned  by  the  Clerk  to  the  petitioner :  Provided,  That 
the  Clerks  of  courts  exercising  jurisdiction  in  naturalization 
proceedings  shall  be  permitted  to  retain  one-half  of  the  fees 
in  any  fiscal  year  up  to  the  sum  of  three  thousand  dollars, 
and  that  all  fees  received  by  such  Clerks  in  naturalization 
proceedings  in  excess  of  such  amount  shall  be  accounted 
for  and  paid  over  to  said  Bureau  as  in  case  of  other  fees  to 
which  the  United  States  may  be  entitled  under  the  provi- 
sions of  this  Act.  The  Clerks  of  the  various  courts  exercis- 
ing jurisdiction  in  naturalization  proceedings  shall  pay  all 
additional  clerical  force  that  may  be  required  in  performing 
the  duties  imposed  by  this  Act  upon  the  Clerks  of  courts 
from  fees  received  by  such  Clerks  in  naturalization  proceed- 
ings. And  in  case  the  Clerk  of  any  court  collects  fees  in 
excess  of  the  sum  of  six  thousand  dollars  in  any  one  year, 
the  Secretary  of  Commerce  and  Labor  may  allow  to  such 
Clerk  from  the  money  which  the  United  States  shall  receive 
additional  compensation  for  the  employment  of  additional 
clerical  assistance,  but  for  no  other  purpose,  if  in  the  opin- 
ion of  the  said  Secretary  the  business  of  such  Clerk  war- 
rants such  allowance.  (R.  S.  1908  and  1914,  §9055k;  34  U. 
S.  Stat.  L.  600.) 

430.     Cancellation  of  Certificates. 

15.     That  it  shall  be  the  duty  of  the  United  States  Dis- 


CONCERNING    ELECTIONS.  331 

trict  Attorneys  for  the  respective  districts,  upon  affidavit 
showing  good  cause  therefor,  to  institute  proceedings  in  any 
court  having  jurisdiction  to  naturalize  aliens  in  the  judicial 
district  in  which  the  naturalized  citizen  may  reside  at  the 
time  of  bringing  the  suit,  for  the  purpose  of  setting  aside 
and  canceling  the  certificate  of  citizenship  on  the  ground  of 
fraud  or  on  the  ground  that  such  certificate  of  citizenship 
was  illegally  procured.  In  any  such  proceedings  the  party 
holding  the  certificate  of  citizenship  alleged  to  have  been 
fraudulently  or  illegally  procured  shall  have  sixty  days' 
personal  notice  in  which  to  make  answer  to  the  petition  of 
the  United  States;  and  if  the  holder  of  such  certificate  be 
absent  from  the  United  States  or  from  the  district  in  which 
he  last  had  his  residence,  such  notice  shall  be  given  by 
publication  in  the  manner  provided  for  the  service  of  sum- 
mons by  publication  upon  absentees  by  the  laws  of  the  State 
or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citi- 
zenship under  the  provisions  of  this  Act  shall,  within  five 
years  after  the  issuance  of  such  certificate,  return  to  the 
country  of  his  nativity,  or  go  to  any  other  foreign  country, 
and  take  permanent  residence  therein,  it  shall  be  consid- 
ered prima  facie  evidence  of  a  lack  of  intention  on  the  part 
of  such  alien  to  become  a  permanent  citizen  of  the  United 
States  at  the  time  of  filing  his  application  for  citizenship, 
and,  in  the  absence  of  countervailing  evidence,  it  shall  be 
sufficient  in  the  proper  proceeding  to  authorize  the  cancella- 
tion of  his  certificate  of  citizenship  as  fraudulent,  and  the 
Diplomatic  and  Consular  officers  of  the  United  States  in 
foreign  countries  shall  from  time  to  time,  through  the  De- 
partment of  State,  furnish  the  Department  of  Justice  with 
the  names  of  those  within  their  respective  jurisdictions  who 
have  such  certificates  of  citizenship  and  who  have  taken 
permanent  residence  in  the  country  of  their  nativity,  or  in 
any  other  foreign  country,  and  such  statements,  duly  certi- 
fied, shall  be  admissible  in  evidence  in  all  courts  in  pro- 
ceedings to  cancel  certificates  of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set  aside 
or  canceled,  as  herein  provided,  the  court  in  which  such 
judgment  or  decree  is  rendered  shall  make  an  order  cancel- 
ing such  certificate  of  citizenship  and  shall  send  a  certified 
copy  of  such  order  to  the  Bureau  of  Immigration  and  Nat- 


332  GENERAL    LAWS 

uralization ;  and  in  case  sucli  certificate  was  not  originally 
issued  by  the  court  making  such  order  it  shall  direct  the 
Clerk  of  the  court  to  transmit  a  copy  of  such  order  and 
judgment  to  the  court  out  of  which  such  certificate  of  citi- 
zenship shall  have  been  originally  issued.  And  it  shall 
thereupon  be  the  duty  of  the  Clerk  of  the  court  receiving 
such  certified  copy  of  the  order  and  judgment  of  the  court 
to  enter  the  same  of  record  and  to  cancel  such  original  cer- 
tificate of  citizenship  upon  the  records  and  to  notify  the 
Bureau  of  Immigration  and  Naturalization  of  such  can- 
cellation. 

The  provisions  of  this  section  shall  apply  not  only  to 
certificates  of  citizenship  issued  under  the  provisions  of  this 
Act,  but  to  all  certificates  of  citizenship  which  may  have 
been  issued  heretofore  by  any  court  exercising  jurisdiction 
in  naturalization  proceedings  under  prior  laws.  (R.  S. 
1908  and  1914,  §90551;  34  U.  S.  Stat.  L.  601.) 

431.  Forged  Certificates. 

16.  That  every  person  who  falsely  makes,  forges,  coun- 
terfeits, or  causes  or  procures  to  be  falsely  made,  forged,  or 
counterfeited,  or  knowingly  aids  or  assists  in  falsely  mak- 
ing, forging,  or  counterfeiting  any  certificate  of  citizenship, 
with  intent  to  use  the  same,  or  with  the  intent  that  the 
same  may  be  used  by  some  other  person  or  persons,  shall  be 
guilty  of  a  felony,  and  a  person  convicted  of  such  offense 
shall  be  punished  by  imprisonment  for  not  more  than  ten 
years,  or  by  a  fine  of  not  more  than  ten  thousand  dollars,  or 
by  both  such  fine  and  imprisonment  (34  U.  S.  Stat.  L. 
602.) 

432.  Counterfeiting  Blanks. 

•  17.  That  every  person  who  engraves  or  causes  or  pro- 
cures to  be  engraved,  or  assists  in  engraving,  any  plate  in 
the  likeness  of  any  plate  designed  for  the  printing  of  a 
certificate  of  citizenship,  or  who  sells  any  such  plate,  or 
who  brings  into  the  United  States  from  any  foreign  place 
any  such  plate,  except  under  the  direction  of  the  Secretary 
of  Commerce  and  Labor,  or  other  proper  officer,  and  any 
person  who  has  in  his  control,  custody,  or  possession  any 
metallic  plate  engraved  after  the  similitude  of  any  plate 


CONCERNING    ELECTIONS.  333 

from  which  any  such  certificate  has  been  printed,  with  in 
tent  to  use  such  plate  or  suffer  the  same  to  be  used  in  forg- 
ing or  counterfeiting  any  such  certificate  or  any  part  there- 
of;  and  every  person  who  prints,  photographs,  or  in  any 
other  manner  causes  to  be  printed,  photographed,  made,  or 
executed,  any  print  or  impression  in  the  likeness  of  any 
such  certificate,  or  any  part  thereof,  or  who  sells  any  such 
certificate,  or  brings  the  same  into  the  United  States  from 
any  foreign  place,  except  by  direction  of  some  proper  officer 
of  the  United  States,  or  who  has  in  his  possession  a  dis- 
tinctive paper  which  has  been  adopted  by  the  proper  officer 
of  the  United  States  for  the  printing  of  such  certificate, 
with  intent  to  unlawfully  use  the  same,  shall  be  punished 
by  a  fine  of  not  more  than  ten  thousand  dollars,  or  by  im- 
prisonment at  hard  labor  for  not  more  than  ten  years,  or 
by  both  such  fine  and  imprisonment.  (34  U.  S.  Stat.  L. 
602.) 

433.  Felonious  Issuance. 

18.  That  it  is  hereby  made  a  felony  for  any  Clerk  or 
other  person  to  issue  or  be  a  party  to  the  issuance  of  a  cer- 
tificate of  citizenship  contrary  to  the  provisions  of  this 
Act,  except  upon  a  final  order  under  the  hand  of  a  court 
having  jurisdiction  to  make  such  order,  and  upon  convic- 
tion thereof  such  Clerk  or  other  person  shall  be  punished 
by  imprisonment  for  not  more  than  five  years  and  by  a  fine 
of  not  more  than  ^ve  thousand  dollars,  in  the  discretion  of 
the  court.  (E.  S.  1908  and  1914,  §9055m;  34  U.  S.  Stat.  L. 
602.)  ,  ,       . 

434.  Wrongful  Possession. 

19.  That  every  person  who  without  lawful  excuse  is 
possessed  of  any  blank  certificate  of  citizenship  provided 
by  the  Bureau  of  Immigration  and  Naturalization,  with  in- 
tent unlawfully  to  use  the  same,  shall  be  imprisoned  at 
hard  labor  not  more  than  five  years  or  be  fined  not  more 
than  one  thousand  dollars.    (34  U.  S.  Stat.  L.  602.)     . 

435.  Embezzlement  of  Fees. 

20.  That  any  Clerk  or  other  officer  of  a  court  having 
power  under  this  Act  to  naturalize  aliens,  who  wilfully  neg- 


334  OENERAL   LAWS 

lects  to  render  true  accounts  of  moneys  received  by  kirn 
for  naturalization  proceedings  or  who  wilfully  neglects  to 
pay  over  any  balance  of  such  moneys  due  to  the  United 
States  within  thirty  days  after  said  payment  shall  become 
due  and  demand  therefor  has  been  made  and  refused,  shall 
be  deemed  guilty  of  embezzlement  of  the  public  moneys, 
and  shall  be  punishable  by  imprisonment  for  not  more  than 
five  years,  or  by  a  fine  of  not  more  than  five  thousand  dol- 
lars, or  both.  (R.  S.  1908  and  1914,  §9055n;  34  U.  S.  Stat. 
L.  602.) 


436.    Extortion. 

21.  It  shall  be  unlawful  for  any  Clerk  of  any  court  or 
his  authorized  deputy  or  assistant  exercising  jurisdiction  in 
naturalization  proceedings  to  demand,  charge,  collect,  or 
receive  any  other  or  additional  fees  or  moneys  in  natural- 
ization proceedings  save  the  fees  and  moneys  herein  speci- 
fied ;  and  a  violation  of  any  of  the  provisions  of  this  section 
or  any  part  thereof  is  hereby  declared  to  be  a  misdemeanor 
and  shall  be  punished  by  imprisonment  for  not  more  than 
two  years,  or  by  a  fine  of  not  more  than  one  thousand  dol- 
lars, or  by  both  such  fine  and  imprisonment.  (34  U.  S.  Stat. 
L.  602.) 


437.    False  Certificate. 

22.  The  Clerk  of  any  court  exercising  jurisdiction  in 
naturalization  proceedings,  or  any  person  acting  under 
authority  of  this  Act,  who  shall  knowingly  certify  that  a 
petitioner,  affiant,  or  witness  named  in  an  affidavit,  petition, 
or  certificate  of  citizenship,  or  other  paper  or  writing  re- 
quired to  be  executed  under  the  provisions  of  this  Act,  per- 
sonally appeared  before  him  and  was  sworn  thereto,  or 
acknowledged  the  execution  thereof  or  signed  the  same, 
when  in  fact  such  petitioner,  affiant,  or  witness  did  not  per- 
sonally appear  before  him,  or  was  not  sworn  thereto,  or  did 
not  execute  the  same,  or  did  not  acknowledge  the  execution 
thereof,  shall  be  punished  by  a  fine  not  exceeding  five  thou- 
sand dollars  or  by  imprisonment  not  to  exceed  ^ve  years. 
(R.  S.  1908  and  1914,  §9055o;  34  U.  S.  Stat.  L.  603.) 


00NCEBNIN6    ELECTIONS.  »  335 

4S8.    Wrongful  Possession. 

23.  Any  person  who  knowingly  procures  naturalization 
in  violation  of  the  provisions  of  this  Act  shall  be  fined  not 
more  than  five  thousand  dollars,  or  shall  be  imprisoned  not 
more  than  five  years,  or  both,  and  upon  conviction  the  court 
in  which  such  conviction  is  had  shall  thereupon  adjudge 
and  declare  the  final  order  admitting  such  person  to  citizen- 
ship void.  Jurisdiction  is  hereby  conferred  on  the  courts 
having  jurisdiction  of  the  trial  of  such  offense  to  make  such 
adjudication.  Any  person  who  knowingly  aids,  advises,  or 
encourages  any  person  not  entitled  thereto  to  apply  for  or 
to  secure  naturalization,  or  to  file  the  preliminary  papers 
declaring  an  intent  to  become  a  citizen  of  the  United  States, 
or  who  in  any  naturalization  proceeding  knowingly  pro- 
cures or  gives  false  testimony  as  to  any  material  fact,  or 
who  knowingly  makes  an  affidavit  false  as  to  any  material 
fact  required  to  be  proved  in  such  proceeding,  shall  be  fined 
not  more  than  five  thousand  dollars  or  imprisoned  not  more 
than  five  years,  or  both.  (E.  S.  1908  and  1914,  §9055p;  34 
U.  S.  Stat.  L.  603.) 

439.  Limitation  Five  Years. 

24.  No  person  shall  be  prosecuted,  tried,  or  punished 
for  any  crime  arising  under  the  provisions  of  this  Act  un- 
less the  indictment  is  found  or  the  information  is  filed  with- 
in five  years  next  after  the  commission  of  such  crime.  (K 
S.  1908  and  1914,  §9055q;  34  U.  S.  Stat.  L.  603.) 

440.  Saving  Clause. 

25.  For  the  purpose  of  the  prosecution  of  all  crimes 
and  offenses  against  the  naturalization  laws  of  the  United 
States  which  may  have  been  committed  prior  to  the  date 
when  this  Act  shall  go  into  effect,  the  existing  naturalization 
laws  shall  remain  in  full  force  and  effect.  (R.  S.  1908  and 
1914,  §9055q;  34  U.  S.  Stat.  L.  603.) 

441.  Colonials. 

30.  All  the  applicable  provisions  of  the  naturalization 
laws  of  the  United  States  shall  apply  to  and  be  held  to 
authorize  the  admission  to  citizenship  of  all  persons  not 
citizens  who  owe  permanent  allegiance  to  the  United  States, 


336  GENERAL    LAWS 

and  who  may  become  residents  of  any  State  or  organized 
Territory  of  the  United  States,  with  the  following  modifica- 
tions: The  applicant  shall  not  be  required  to  renounce 
allegiance  to  any  foreign  sovereignty;  he  shall  make  his 
declaration  of  intention  to  become  a  citizen  of  the  United 
States  at  least  two  years  prior  to  his  admission ;  and  resi- 
dence within  the  jurisdiction  of  the  United  States,  owing 
such  permanent  allegiance,  shall  be  regarded  as  residence 
within  the  United  States  within  the  meaning  of  the  five 
years'  residence  clause  of  the  existing  law.  (R.  S.  1908  and 
1914,  §9053;  34  U.  S.  Stat.  L.  606.) 

442.  Children  of  Citizens. 

2172.  The  children  of  persons  who  have  been  duly  nat- 
uralized under  any  law  of  the  United  States,  or  who,  previ- 
ous to  the  passing  of  any  law  on  that  subject  by  the  Govern- 
ment of  the  United  States,  may  have  become  citizens  of  any 
one  of  the  States,  under  the  laws  thereof,  being  under  the 
age  of  twenty-one  years  at  the  time  of  the  naturalization  of 
their  parents,  shall,  if  dwelling  in  the  United  States,  be 
considered  as  citizens  thereof;  and  the  children  of  persons 
who  now  are,  or  have  been,  citizens  of  the  United  States, 
shall,  though  born  out  of  the  limits  and  jurisdiction  of  the 
United  States,  be  considered  citizens  thereof.  (R.  S.  1908 
and  1914,  §9055;  R.  S.  U.  S.  §2172.) 

443.  Forms. 

27.  That  substantially  the  following  forms  shall  be 
used  in  the  proceedings  to  which  they  relate : 


CONCERNING    ELECTIONS.  337 

DECLAKATION    OF   INTENTION. 

(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 
,  ss : 

I, ,  aged years,  occupation 

,  do  declare  on  oath  (affirm)  that  my  personal  descrip- 
tion is :    Color ,  complexion ,  height 

weight ,  color  of  hair ,  color  of  eyes 

other  visible  distinctive  marks ;  I  was  born  in 

on  the  ....  day  of ,  anno  Domini ;  I  now  re- 
side at ;  I  emigrated  to  the  United  States  of  America 

from on  the  vessel ;  my  last  foreign  residence 

was It  is  my  bona  fide  intention  to  renounce  for- 
ever all  allegiance  and  fidelity  to  any  foreign  prince,  poten- 
tate, state,  or  sovereignty,  and  particularly  to ,  of 

which  I  am  now  a  citizen  (subject) ;   I  arrived  at  the  port 

of ,  in  the  State  (Territory  or  District)  of 

on  or  about  the day  of anno  Domini ;    I 

am  not  an  anarchist ;  I  am  not  a  polygamist  nor  a  believer 
in  the  practice  of  polygamy ;  and  it  is  my  intention  in  good 
faith  to  become  a  citizen  of  the  United  States  of  America 
and  to  permanently  reside  therein.    So  help  me  God. 

(Original  signature  of  declarent) 

Subscribed  and  sworn  to  (affirmed)  before  me  this 

day  of ,  anno  Domini 

[L.S.] : 

(Official  character  of  attestor.) 

PETITION  FOR  NATURALIZATION. 

Court  of 

In  the  matter  of  the  petition  of to  be  ad- 
mitted as  a  citizen  of  the  United  States  of  America : 

To  the Court: 

The  petition  of respectfully  shows : 

First.     My  full  name  is 

Second.     My  place  of  residence  is  No street,  city 

of ,  State  (Territory  or  District)  of 

Third.     My  occupation  is 

Fourth.     I  was  born  on  the day  of 

at. 

Fifth.     I  emigrated  to  the  United  States  from 

22—1779 


338  ,r"-''^  GENERAL   LAWS 

on  or  about  the day  of ,  anno  Domini , 

and  arrived  at  the  port  of ,  in  the  United  States, 

on  the  vessel 

Sixth.     I  declared  my  intention  to  become  a  citizen  of 

the  United  States  on  the day  of at 

in  the ........  Court  of 

Seventh.     I  am ....  married.    My  wife 's  name  is .....  . 

She  was  born  in and  now  resides 

at I  have children,  and  the  name,  date, 

and  place  of  birth  and  place  of  residence  of  each  of  said 
children  is  as  f olows :     ;    ; 


Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  organ- 
ized government  or  a  member  of  or  affiliated  with  any  or- 
ganization or  body  of  persons  teaching  disbelief  in  organ- 
ized government.  I  am  not  a  polygamist  nor  a  believer  in 
the  practice  of  polygamy.  I  am  attached  to  the  principles 
of  the  Constitution  of  the  United  States,  and  it  is  my  in- 
tention to  become  a.  citizen  of  the  United  States  and  to  re- 
nounce absolutely  and  forever  all  allegiance  and  fidelity  to 
any  foreign  prince,  potentate,  state,  or  sovereignty,  and 

particularly  to ,  of  which  at  this  time  I  am  a  citizen 

(or  subject),  and  it  is  my  intention  to  reside  permanently 
in  the  United  States. 

Ninth.    I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United  States 
of  America  for  a  term  of  five  years  at  least  immediately 

preceding  the  date  of.  this  petition,  to  wit,  since , 

anno  Domini ,  and  in  the  State  (Territory  or  District) 

of ........  .,  for  one  year  at  least  next  preceding  the  date  of 

this  petition,  to  wit,  since day  of ,  anno 

Domini 

Eleventh.  I  have  not  heretofore  made  petition  for  citi- 
zenship to  any  court.     (I  made  petition  for  citizenship  to 

the court  of ,  at ,  and  the  said  petitio|B| 

was  denied  by  the  said  court  for  the  folowing  reasons  an" 

causes,  to  wit, ,  and  the  cause  of  such  denial 

has  since  been  cured  or  removed.)  fll 

Attached  hereto  and  made  a  part  of  this  petition  are 
my  declaration  of  intention  to  become  a  citizen  of  the  Unites 


I 


CONCERNING  ELECTtON^.  339 

States  and  the  certificate  from  the  Department  of  Com- 
merce and  Labor  required  by  law.  Wherefore  your  peti- 
tionier  prays  that  he  may  be  admitted  a  citizen  of  the 
United  States  of  America. 

Dated 

(Signature  of  petitioner) 

,  ss : 

,  being  duly  sworn,  deposes  and  says 

that  he  is  the  petitioner  in  the  above-entitled  proceeding; 
that  he  has  read  the  foregoing  petition  and  knows  the  con- 
tents thereof ;  that  the  same  is  true  of  his  own  knowledge, 
except  as  to  matters  therein  stated  to  be  alleged  upon  in- 
formation and  belief,  and  that  as  to  those  matters  he  be- 
lieves it  to  be  true. 

Subscribed  and  sworn  to  before  me  this day  of 

,  anno  Domini 

[l-s.]  , 

Clerk  of  the Court. 

AFFIDAVIT  OF  WITNESSES. 

Court  of 

In  the  matter  of  the  petition  of ,  to  be  admitted 

a  citizen  of  the  United  States  of  America. 


,  occupation ,  residing  at , 

and ,  occupation ,  residing  at 

each  being  severally,  duly,  and  respectively  sworn,  deposes 
and  says  that  he  is  a  citizen  of  the  United  States  of  Amer- 
ica ;  that  he  has  personally  known ,  the  peti- 
tioner above  mentioned,  to  be  a  resident  of  the  United 
States  for  a  period  of  at  least  five  years  continuously  im- 
mediately preceding  the  date  of  filing  his  petition,  and  of 
the  State  (Territory  or  District)  in  which  the  above-enti- 
tlad  application  is  made  for  a  period  of years  im- 
mediately preceding  the  date  of  filing  his  petition;  and 
that  he  has  personal  knowledge  that  the  said  petitioner  is  a 
person  of  good  moral  character,  attached  to  the  principles 
of  the  Constitution  of  the  United  States,  and  that  he  is  in 
every  way  qualified,  in  his  opinion,  to  be  admitted  as  a 
citizen  of  the  United  States. 


340  GENERAL    LAWS 

Subscribed  and  sworn  to  before  me  this day  of 

,  nineteen  hundred  and ..... 

[L.S.]  ^ , 

(Official  character  of  attestor.) 

CERTIFICATE  OF  NATURATIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

(Signature  of  holder) 

Description  of  holder :    Age ;  height ; 

color ;  complexion ;  color  of  hair ; 

color  of  eyes ;  visible  distinguishing  marks 

Name,  age  and  place  of  residence 

of  wife Names,  ages,  and  places 

of  residence  of  minor  children ;    ; 


Be  it  remembered,  that  at  a term  of  the 

court  of ,  held  at ,  on  the day  of 

.,  in  the  year  of  our  Lord  nineteen  himdred  and 

, ,  who  previous  to  his  (her)  naturaliza- 
tion was  a  citizen  or  subject  of ,  at  present  residing 

at  number street, city  (town), 

State  (Territory  or  District),  having  applied  to  be  admitted 
a  citizezn  of  the  United  States  of  America  pursuant  to  law, 
and  the  court  having  found  that  the  petitioner  had  resideL 
continuously  within  the  United  States  for  at  least  five  yearM 
and  in  this  State  for  one  year  immediately  preceding  the 
date  of  the  hearing  of  his  (her)  petition,  and  that  said 
petitioner  intends  to  reside  permanently  in  the  United 
States,  had  in  all  respects  complied  with  the  law  in  relation 
thereto,  and  that  .  .he  w^as  entitled  to  be  so  admitted; 
was  thereupon  ordered  by  the  said  court  that  .  .he  be  a( 
mitted  as  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto 

affixed  on  the , . .  day  of ,  in  the  year  of  oi 

Lord  nineteen  hundred  and ,  and  of  our  independent 

the 

[L.S.] 

(Official  character  of  attestor.) 


CONCERNING   ELECTIONS.  341 

STUB   OF   CERTIFICATE   OF    NATURALIZATION. 

No.  certificate 

Name ;  age 

Declaration  of  intention,  volume ,  page 

Petition,  volume ,  page 

Name,  age,  and  place  of  residence  of  wife 

Names,  ages,  and  places  of  residence  of 

minor  children 


Date  of  order,  volume ,  page 

(Signature  of  holder) 

(S.  S.  1908  and  1914,  §9055r;  34  U.  S.  Stat.  L.  603.) 


444.    Power  to  Make  Rule. 

28.  That  the  Secretary  of  Commerce  and  Labor  shall 
have  power  to  make  such  rules  and  regulations  as  may  be 
necessary  for  properly  carrying  into  execution  the  various 
provisions  of  this  act.  Certified  copies  of  all  papers,  docu- 
ments, certificates,  and  records  required  to  be  used,  filed, 
recorded,  or  kept  under  any  and  all  of  the  provisions  of 
this  act  shall  be  admitted  in  evidence  equally  with  the  orig- 
inals in  any  and  all  proceedings  under  this  act,  and  in  all 
cases  in  which  the  originals  thereof  might  be  admissible  as 
evidence.  (R.  S.  1908  and  1914,  §9055s;  34  U.  S.  Stat.  L. 
606.) 


342  GENERAL   LAWS 

CHAPTER  11. 


COUNCILMEN  IN  FIRST-CLASS  CITIES. 

8KC.  SEC. 

445.  Number  and  salary.  447.     Nominations— Manner  and  number. 

446.  Councilmanic  districts. 

[Acts  1909,  p.  341.    Approved  and  in  force  March  6,  1909.] 

445.  Number  and  Salary. 

1.  The  number  of  councilmen  in  cities  having  a  popu- 
lation of  one  hundred  thousand  or  over,  according  to  the 
last  preceding  United  States  census,  shall  be  nine  (9),  and 
no  more,  and  that  such  councilmen  shall  be  known  as  coun- 
cilmen-at-large,  and  shall  be  elected  by  the  electors  of  the 
entire  city,  and  such  councilmen  shall  not  be  elected  by 
wards,  but  nothing  herein  shall  have  the  effect  to  displace 
any  councilmen  now  in  office,  but  such  councilmen  now  in 
office  shall  so  continue  until  the  term[s]  for  which  they 
were  elected  shall  be  completed.  The  salary  of  each  of  such 
councilmen  shall  be  six  hundred  dollars  per  year. 

(R.  S.  1914,  Sec.  8644a.) 

1.  This  statute  applies  only  to  the  city  of  Indianapolis. 

446.  Councilmanic  Districts. 

2.  Any  city  or  cities  coming  within  the  provisions  of 
this  act  for  the  purpose  of  carrying  out  the  same  shall,  by 
the  Common  Council  of  said  city  or  cities,  be  divided  into 
six  districts,  to  be  known  as  councilmanic  districts,  each 
district  to  contain  as  nearly  as  possible,  an  equal  number  of 
electors,  and  that  not  more  than  one  candidate  of  any  polit- 
ical party  or  organization  shall  be  named  or  nominated 
from  either  or  any  one  of  said  districts.  (E.  S.  1914,  Sec. 
8644b.) 

447.  Nominations— Manner  and  Number. 

3.  Any  persons,  political  party  or  organization  nom- 
inating candidates  for  city  officers,  to  be  voted  for  at  any 
election  in  cities  having  a  population  of  100,000  or  more, 
according  to  the  last  preceding  United  States  census,  by 
means  of  choosing  persons  as  such  candidates  at  a  conven 


1 


CONCERNING   ELECTIONS.  343 

tion,  or  at  a  primary  election,  or  by  petition  or  otherwise, 
pursuant  to  law,  shall  have  the  right  to  nominate  and  cause 
to  be  placed  on  the  ballot  to  be  voted  at  such  city  election, 
the  names  of  six  candidates,  one  from  each  councilmanic 
district,  for  the  office  of  City  Councilman  and  no  more,  and 
the  names  of  any  six  candidates  for  said  office,  nominated 
and  duly  certified  to  the  Board  of  Election  Commissioners 
according  to  law,  shall  be  placed  on  the  official  ballot  to  be 
voted  at  such  election  under  such  party  name  and  device  as 
the  political  party  or  organization  making  such  nomination 
shall  have  lawfully  chosen.  And  each  and  every  legal 
voter  casting  his  ballot  for  city  officers  shall  have  the  right 
to  vote  for  any  nine  candidates  for  the  office  of  Councilman, 
and  the  nine  who  shall  receive  the  largest  number  of  votes 
of  those  cast  for  candidates  for  the  office  of  Councilman 
shall  be  declared  elected.     (R.  S.  1914,  Sec.  8644c.) 


344  GENERAL    LAWS 

CHAPTER  12. 


CENTENNIAL  CELEBRATION. 

[Approved  March  11,  1913.    Acts  1913,  p.  515.] 

448. 

Sec.  6.  For  the  purpose  of  submitting  to  the  voters  of 
the  state  the  question  whether  the  State  of  Indiana  shall 
celebrate  the  one-hundredth  anniversary  of  its  admission  to 
the  federal  union,  the  several  county  boards  of  election  com- 
missioners of  the  state  shall  cause  to  be  printed  on  a  sep- 
arate ballot  to  be  used  at  the  next  general  election  the  ques- 
tion, **For  the  appropriation  of  two  million  dollars  ($2,000,- 
000)  for  a  centennial  memoriaP'  with  the  words  **yes"  and 
**no,''  each  preceded  by  a  square,  printed  thereunder,  said 
ballots  to  be  furnished  by  said  commissioners  to  the  several 
election  inspectors,  the  same  as  county  ballots  are  furnished. 
Except  as  herein  otherwise  provided,  said  question  shall  be 
submitted,  voted  on  and  the  result  certified  the  same  as 
amendments  to  the  constitution  are  submitted  to  the  electors 
of  the  state.  If  a  majority  of  the  electors  voting  on  such 
question  shall  declare  in  favor  of  it,  the  governor  shall 
thereupon  appoint  a  commission  of  five  to  be  known  as  the 
centennial  memorial  commission.  Not  more  than  three  of 
said  commissioners  shall  belong  to  the  same  political  party 
and  each  of  whom  shall  execute  a  bond  in  the  sum  of  twenty 
thousand  dollars  ($20,000).  They  shall  organize  by  appoint- 
ing a  president  and  secretary  and  shall  serve  without  pay. 
Said  commission  is  authorized  and  directed  with  advice  and 
consent  of  the  governor  to  purchase  ground  and  erect  a  - 
state  building  to  cost  not  exceeding  two  million  dollars  for 
which  purpose  said  commissioners  are  authorized  to  con- 
tract for  plans,  specifications,  land,  labor,  clerk  hire  and 
material.  As  part  of  said  celebration  said  commission, 
with  the  advice  and  consent  of  the  governor  is  authorizec^ 
to  have  such  public  celebration  of  such  anniversary  as  the^j 
may  deem  fit  and  proper  including  the  acquiring  by  the  state  ' 
out  of  said  fund  of  any  memorial  or  memorials  they  may 
deem  advisable,  but  no  more  than  one  hundred  thousand 
dollars  of  said  funds  shall  be  expended  for  such  purposes 
Should  said  question  carry  as  in  this  section  provided  thei 


1 


CONCEltNlNG    ELECTIONS.  345 

for  the  purpose  of  carrying  out  the  provisions  of  this  sec- 
tion, there  shall  be  appropriated  from  any  funds  in  the  state 
treasury,  not  otherwise  appropriated,  the  sum  of  two  mil- 
lion dollars,  or  so  much  as  may  be  needed,  which  shall  be 
a  continuing  permanent  appropriation  available  at  any  time 
during  the  progress  of  said  work,  and  which  shall  cover 
all  the  expenditures  of  said  commission.  If  in  any  year 
during  the  progress  of  said  work  there  should  be  a  deficit  in 
the  finances  of  the  state  which  would  interfere  with  said 
work,  the  governor,  auditor  and  treasurer  of  state  are  auth- 
orized to  issue  and  sell  the  non-taxable  bonds  of  the  state 
not  exceeding  two  million  dollars  for  such  term  and  rate 
of  interest,  not  to  exceed  three  and  one-half  per  cent.  (3|% ), 
as  they  may  deem  advisable,  and  proper  record  thereof  shall 
be  kept  in  the  auditor  of  state 's  office. 


346 


GENEBAL    LAWS 

CHAPTER  13. 


CONSTITUTIONAL  CONVENTION. 


SBC.  B£C. 

449.  Constitutional    Convention — Sense    of  459. 

Voters.  '  460. 

450.  Legal  Voters.  461. 

451.  Ballots.  462. 

452.  Canvaai  of  vote.  463. 

453.  County  Clerks— Make  Returns.  464. 

454.  Notice  of  Election.  465. 

455.  Decision  of  Voters — Proclamation. 

456.  Election  of  Delegates— Special  Election.  466. 
4.57.  Number  of  Delegates — Apportionment.  467. 
458.  General  Election  Laws  to  Govern.  468. 


Contest— How  Decided. 
Candidates — Non-Paftisan. 
Date  of  Convention — Organization. 
Oath  of  Office. 
Powers  of  Convention. 
Vacancy — How  filled — Per  Diem. 
Records  and  Documents — Convention  En- 
titled To. 
Enrolled  Constitution — Where  Filed. 
Duties  of  Governor  and  Secretary  of  State. 
Election  Commissioner — Duties. 


449.    Constitutional  Convention — Sense  of  Voters. 

Section  i.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  it  shall  be  the  duty  of  the  inspectors 
of  elections  in  the  several  townships  and  voting  precincts 
within  each  county  in  this  state  at  the  regular  election  to 
be  held  in  November,  1914,  to  open  a  poll  in  which  shall  be 
entered  all  the  voters  given  for  or  against  the  calling  of  a 
convention  to  alter,  revise  or  amend  the  constitution  of  the 


State  of  Indiana,  or  to  formulate 
deemed  advisable. 


a   new   constitution  if 


450.  Legal  Voters. 

Sec.  2.  Every  qualified  voter  in  the  State  of  Indiana 
may,  at  said  election,  vote  for  or  against  the  calling  of  a  con- 
vention for  the  purpose  mentioned  in  the  first  section  of  this 
act. 

451.  Ballots. 

Seo.  3.  The  county  board  of  election  commissioners 
shall  furnish  to  each  inspector  of  such  election  the  same 
number  of  ballots  to  be  used  by  the  voters  in  determining 
whether  such  convention  shall  be  called,  as  is  furnished  of 
county  ballots.  Said  ballots  shall  be  in  the  following  form, 
to-wit : 

Are  you  in  favor  of  a  constitutional  convention  in  the 
year  1915? 

□  Yes. 

□  No. 

Such  ballot  shall  be  printed  on  plain  white  paper  four 
inches  square.     The  expense  of  printing  said  ballots  and 


CONCERNIN©    ELECTIONS.  347 

furnishing  the  ballots,  boxes  and  supplies  hereinafter  men- 
tioned shall  be  paid  by  the  respective  boards  of  commission- 
ers of  the  several  counties  of  the  state  as  other  expenses  of 
elections  are  paid.  Each  voter  shall  indicate  his  desire  as 
to  the  calling  of  such  convention  by  marking  said  ballot  in 
the  manner  following,  viz :  If  such  voter  is  in  favor  of  call- 
ing a  constitutional  convention  he  shall  make  a  mark  thus 
*^X''  in  the  square  in  front  of  the  word  '  *  Yes, ''if  he  is  op- 
posed he  shall  make  a  mark  thus  ^^X''  in  the  square  in  front 
of  the  word  '  ^  No. ' '  Such  ballots  after  being  marked  by  the 
voter  shall  be  deposited  in  a  separate  box  to  be  provided  for 
the  purpose.  Whenever  an  elector  offers  to  vote  at  such 
election  one  of  said  ballots  shall  be  handed  such  voter  by  the 
judge  of  election. 

452.  Canvass  of  Vote. 

Sec.  4.  At  the  close  of  the  polls  it  is  hereby  made  the 
duty  of  the  several  boards  of  election  to  canvass  on  the 
county  tally  sheet  the  ballots  cast  upon  said  question,  and 
the  number  of  votes  given  for  or  against  the  calling  such 
convention,  and  such  vote  shall  be  canvassed  by  the  county 
board  of  canvassers  the  same  as  the  votes  for  candidates 
are  canvassed  by  such  board,  certified  to  the  clerks  of  the 
circuit  court,  respectively,  upon  certificates  to  be  furnished 
such  inspectors  and'  board  of  canvassers,  with  the  other 
election  supplies. 

453.  County  Clerks — Make  Returns. 

Sec.  5.  It  shall  be  the  duty  of  the  clerk  of  the  circuit 
court  throughout  the  state  to  certify  and  make  return  of  all 
votes  given  for  or  against  the  calling  of  such  convention, 
and  also  all  the  votes  that  were  given  at  such  election,  to 
the  secretary  of  state  in  the  same  way  and  manner  that 
votes  for  governor  are  required  by  law  to  be  certified,  and 
such  clerks  shall  be  subject  to  like  penalties  for  a  neglect  of 
duty.  It  shall  be  the  duty  of  the  secretary  of  state  to  lay 
before  the  next  general  assembly  all  the  returns  received  by 
him  pursuant  to  the  provisions  of  this  act,  and  also  to  cer- 
tify the  total  vote  at  said  election  and  the  vote  for  and 
against  the  said  question  to  the  governor. 

454.  Notice  of  Election. 

Sec.  6.     In  the  notice  of  said  general  election  to  be  held 


348  GENERAL    LAWS 


I 


in  November,  1914,  shall  be  included  a  notice  to  the  electors 
that  the  polls  will  be  open  for  the  purpose  specified  in  this 
act. 

455.  Decision  of  Voters — Proclamation. 

Sec.  7.  If  a  majority  of  the  electors  voting  at  such  elec- 
tion shall  be  in  favor  of  calling  a  constitutional  convention, 
then  a  constitutional  convention  shall  be  held  in  the  State 
of  Indiana  under  the  provisions  of  this  act,  and  if  such 
proposition  shall  so  carry,  it  shall  be  the  duty  of  the  gov- 
ernor to  issue  his  proclamation  that  said  proposition  has 
carried. 

456.  Election  of  Delegates — Special  Election. 

Sec.  8.  If  said  question  shall  carry,  then  and  in  that 
event  a  special  election  shall  be  held  by  the  qualified  voters 
of  the  State  of  Indiana  on  the  first  Tuesday  after  the  first 
Monday  in  March,  1915,  at  which  shall  be  elected  delegates 
who  shall  constitute  a  convention  for  the  purpose  of  making 
such  amendments,  alterations,  and  changes  in,  the  present 
constitution  of  the  State  of  Indiana,  or  the  making  of  an 
entirely  new  constitution  for  the  State  of  Indiana,  as  such 
convention  may  deem  proper,  and  which  new  constitution 
or  amendments  to  the  present  constitution  shall  be  sub- 
mitted to  the  vote  of  the  people  of  the  State  of  Indiana  to 
be  by  them  ratified  or  rejected. 

457.  Number  of  Delegates — Apportionment. 

Sec.  9.  The  convention  shall  consist  of  a  number  of 
delegates  equal  to  the  whole  number  of  the  members  com- 
posing the  senate  and  house  of  representatives  of  this  state, 
and  shall  be  apportioned  in  the  same  manner  that  members 
of  the  general  assembly  are  apportioned  at  the  time  of  such 
election;  they  shall  be  chosen  in  the  same  method  and  by 
the  same  electors  as  choose  the  general  assembly,  and  all 
persons  entitled  to  vote  for  delegates  shall  be  eligible  to  be 
elected  to  a  seat  in  the  convention. 

458.  General  Election  Laws  to  Govern. 

Sec.  10.  That  said  election  shall,  in  all  respects,  be  con- 
ducted, held,  canvassed  and  certified  in  manner  and  form 


CONCERNING    ELECTIONS.  349 

as  now  prescribed  by  law  for  the  election  of  members  of  tbe 
general  assembly,  and  all  laws  regulating  elections  and  pre- 
scribing penalties  for  the  violation  thereof,  so  far  as  the 
same  are  applicable,  shall  be  in  force  in  said  election  of 
delegates  the  same  as  are  provided  by  law  in  the  case  of 
election  of  members  of  the  general  assembly. 

459.  Contest — How  Decided. 

Sec.  11.  In  case  of  a  contest  or  dispute  in  the  election 
of  delegates  to  said  convention,  the  contesting  candidate  or 
other  person  contesting  said  election  shall  pursue  the  same 
course  and  be  governed  by  the  same  rules  and  regulations 
as  are  now  provided  by  law  in  case  of  contested  or  disputed 
election  of  senators  or  representatives  of  the  general  as- 
sembly of  this  state. 

460.  Candidates — Non-Partisan. 

Sec.  12.  No  political  party  shall  be  permitted  to  nomi- 
nate candidates  for  delegates  to  such  convention.  All  nomi- 
nations for  delegates  to  such  convention  shall  be  by  petition 
and  any  voter  shall  be  permitted  to  become  a  candidate  as 
such  delegate  by  filing  a  petition  to  that  effect,  signed  by  one 
hundred  voters  of  the  district  in  which  he  proposes  to  be  a 
candidate.  In  all  other  respects  such  petition  shall  be  gov- 
erned by  the  provisions  of  the  general  election  governing 
petitions  for  nomination  of  candidates  to  the  general  as- 
sembly. All  candidates  for  delegates  to  said  convention 
from  the  same  district  shall  be  printed  in  the  same  column 
and  in  alphabetical  order  according  to  the  surnames  of  the 
candidates. 

461.  Date  of  Convention — Organization. 

Sec.  13.  Delegates,  who  shall  be  elected  as  aforesaid, 
shall  assemble  in  convention  at  the  capitol  in  the  city  ot  In- 
dianapolis on  the  first  Monday  in  May,  1915,  at  12  o'clock 
noon  and  organize  by  electing  a  president  and  all  other 
necessary  officers.  It  shall  be  the  duty  of  the  secretary  of 
state  to  attend  the  convention  on  the  convening  thereof ;  to 
call  over  the  lists  of  districts  and  counties ;  receive  the  cre- 
dentials of  delegates,  and,  generally  to  perform  the  duties 
of  the  organization  that  are  usually  discharged  by  the  officer 


350  GENERAL    LAWS 

whose  duty  it  is  by  law  to  attend  to  the  organization  of  the 
house  of  representatives  of  this  state  at  the  commencement 
of  its  session;  and  should  the  secretary  of  state  fail  to 
attend  in  person  or  by  deputy  at  said  hour  on  said  day,  then 
it  shall  be  the  duty  of  the  auditor  of  state  to  attend  for 
such  purpose.  The  custodian  of  the  state  house  shall  prop- 
erly prepare  the  hall  of  the  house  of  representatives  for 
the  use  of  said  convention. 

462.  Oath  of  Office. 

Sec.  14.  Delegates,  before  entering  upon  the  discharge 
of  their  duties,  shall  each  be  duly  sworn  or  affirmed  to  sup- 
port the  constitution  of  the  United  States,  the  constitution 
of  the  State  of  Indiana,  and  honestly  and  faithfully  perform 
the  duties  of  said  offica;  such  oath  or  affirmation  may  be 
administered  to  them  by  any  judge  of  the  supreme  or  appel- 
late court. 

463.  Powers  of  Convention. 

Sec.  15.  Members  of  said  convention  shall  enjoy  the 
same  privileges  and  immunities  in  going  to,  attending  upon, 
and  returning  from  said  convention  that  the  members  elect- 
ed to  and  attending  on  the  general  assembly  are  now  en- 
titled by  law.  Said  convention  shall  be  the  judge  of  the 
election  and  qualification  of  its  members;  it  shall  possess 
the  same  power  to  adopt  rules,  expel  a  member  for  disor- 
derly conduct,  and  punish  contempt,  that  are  now  exercised 
by  the  house  of  representatives  of  the  general  assembly  in 
similar  cases.  A  majority  of  the  members  shall  constitute 
a  quorum  to  do  business,  but  a  smaller  number  may  ad- 
journ from  day  to  day,  and  take  measures  to  compel  the 
attendance  of  absent  members. 

The  members  and  officers  af  said  convention  shall  be 
entitled  to  the  use  of  the  state  library  in  the  same  manner 
and  upon  the  same  conditions  that  members  of  the  general 
assembly  are  allowed  the  use  thereof. 

464.  Vacancy — How  Filled — Per  Diem. 

Sec.  16.  In  the  case  of  a  death  or  resignation  of  any 
member  of  the  convention,  the  governor  of  this  state  shall 
issue  an  order  for  a  special  election  to  be  held  to  flU  such 


CONCiJRNING    ELECTIONS.  351 

vacancy  in  the  same  manner  as  now  prescribed  by  law  for 
supplying  vacancies  in  the  general  assembly  of  the  state. 
The  members  of  the  convention  shall  receive  the  same  mile- 
age while  attending  npon  the  sitting  of  said  convention  as 
members  of  the  general  assembly  are  allowed  by  law  and 
they  shall  receive  a  per  diem  of  ten  dollars  per  day,  and  all 
the  officers,  employes  and  attendants  shall  be  paid  the  same 
compensation  as  like  officers,  employes  and  attendants  of 
the  general  assembly  of  this  state  are  paid  for  similar  serv- 
ices; all  of  which  expenses,  together  with  such  other  ex- 
penses as  may  be  incurred  by  said  convention,  shall  be  cer- 
tified by  the  president  of  the  convention,  and  shall  be  paid 
by  the  treasurer  of  state  out  of  any  fund  not  otherwise 
appropriated,  on  the  warrant  of  the  auditor  of  state.  Said 
convention  shall  not  remain  in  session  longer  than  one 
hundred  and  eighty  (180)  days,  Sundays  excepted. 

465.  Records  and  Document — Canvention  Entitled  To. 
Sec.  17.  The  secretary  of  state  and  all  other  state  offi- 
cers shall  furnish  said  convention  with  all  such  papers, 
statements,  statistical  information,  copies  of  records  or 
public  documents  in  their  possession  as  the  convention  may 
order  or  require  and  it  shall  be  the  duty  of  the  proper 
officer  or  officers  to  furnish  the  members  of  said  convention 
with  all  stationery  as  is  usually  furnished  the  general  as- 
sembly while  in  session,  which  shall  be  paid  for  on  the  cer- 
tificate of  the  president,  in  like  manner  as  provided  in  the 
preceding  section. 

466.  Enrolled  Constitution— Where  Filed. 

Sec.  18.  The  enrolled  copy  of  the  constitution  or  amend- 
ments adopted  by  said  convention,  and  the  proceedings  of 
said  convention,  shall  be  deposited  by  the  president  and  sec- 
retary thereof  in  the  office  of  the  secretary  of  state,  who 
shall  file  the  same,  and  cause  said  constitution  to  be  entered 
of  record  in  his  office ;  and  said  convention  may  submit  one 
or  more  amendments  or  one  or  more  sections  of  the  pro- 
posed constitution,  as  distinct  propositions,  to  be  voted 
upon  by  the  people  separately  or  together,  as  to  the  con- 
vention seems  expedient.  Said  convention  shall  have  power 
to  fix  and  prescribe  the  time,  form  and  manner  of  submit- 
ting any  amendments  or  new  constitution  to  the  electors  of 


352  GENEKAL    LAWS. 

the  state  for  their  adoption  or  rejection  and  for  such  pur- 
pose said  convention  is  given  power  and  authority  to  call  a 
special  election  of  the  electors. 

467.  Duties  of  Governor  and  Secretary  of  State. 

Sec.  19.  It  shall  be  the  duty  of  the  secretary  of  state, 
so  soon  as  such  enrolled  proposed  constitution  or  amend- 
ments is  [are]  recorded  in  his  office,  to  deliver  to  the  gov- 
ernor of  the  state,  a  certified  copy  thereof,  who  shall,  on  the 
meeting  of  the  general  assembly  of  this  state  at  its  next  ses- 
sion, following  such  convention,  lay  the  same  before  them ; 
and  it  shall  be  the  duty  of  said  general  assembly  if  such 
constitutional  convention  has  failed  to  submit  its  work  to 
the  people  for  adoption  or  rejection,  to  pass  all  laws  neces- 
sary and  proper  for  submitting  the  same  to  the  qualified 
voters  for  their  approval  or  rejection  and  also  for  organiz- 
ing the  government  under  the  amended  constitution,  in  case 
it  shall  be  adopted  and  ratified  by  a  majority  of  the  voters 
voting  thereon,  at  the  election  to  be  held  for  that  purpose. 
It  shall  be  the  duty  of  the  secretary  of  state  to  immediately 
cause  ten  thousand  copies  of  this  act  to  be  printed  and  dis- 
tributed to  the  clerks  of  the  circuit  court  of  the  state  of  Indi- 
ana in  proportion  to  the  population  of  the  several  counties ; 
said  clerks  shall  cause  the  auditor  of  the  county  to  deliver 
one  or  more  of  said  copies  to  each  inspector  of  elections  in 
said  county,  and  the  clerks  shall  certify  to  the  sheriff  that 
the  delegates  are  to  be  elected  and  the  sheriff  shall  give 
notice  of  said  election  in  the  same  manner  as  now  provided 
by  law  as  to  the  election  of  members  of  the  general  assembly 
of  this  state. 

468.  Election  Commissioners — Duties. 

Sec.  20.  All  ballots  and  blank  forms  for  the  holding 
of  such  election  and  all  other  forms  and  blanks  that  will  be 
necessary  to  carry  out  the  provisions  of  this  act  shall  be 
prepared  and  furnished  in  the  same  way  that  like  forms, 
blanks,  etc.,  are  prepared  and  furnished  for  elections  and 
for  the  use  of  the  general  assembly  by  the  proper  officers, 
and  shall  be  paid  for  in  the  same  manner.  All  election 
officers  shall  receive  the  same  compensation  as  now  pro- 
vided by  law  for  similar  services  rendered  at  general  elec- 
tions. 


INDEX 


SEC.  PAGK 

Adjournment  of  election  forbidden 141  164 

Aflidavit  of  cliallenged  voter    108  144 

Affidavit  of  challenged  voter,   form    108  145 

Affidavit  of  voter 108  144 

Affidavit  of  voter,  form   108  145 

Aliens,  right  to  register 31  101 

Altering  election  returns 257  230 

Appointments   to   office 17  95 

Anarchists  debarred  from  naturalization 414  321 

Arrest,  freedom  of  electors  from. 18  95 

Arrest  of  illegal  voter 109  146 

Auditor  of  State,  vote  for,  how  certified 161  172 

Ballot  bag,  delivery  to  Clerk  of  Circuit  Court 135  161 

Ballot  boxes,  deposited  with  Township  Trustee 146  166 

Ballot  boxes  for  primary   elections 338  274 

Ballot  boxes,  how  constructed 68  122 

Ballot  boxes,  how  provided 68  122 

Ballot  boxes,  keys   for    69  122 

Ballot  boxes,  seizing,  penalty  for 264  232 

Ballot  packages,  when  and  how  opened 101  140 

Ballot  papers,    preservation    144  165 

Ballots,  color  of    90  132 

Ballots,  constitutional  amendment  printed  on 129  158 

Ballots,  form  of    90  132 

Ballots  for  township  elections 175  176 

Ballots,  how  distributed   96  136 

Ballots,  how  prepared  96  ]36 

Ballots,  how  prepared  in  packages 100  139 

Ballots,  how  supplied  when  lost 105  132 

Ballots,  names  of  candidates  on 90  132 

Ballots,  party  action  on  constitutional  amendment 131  159 

Ballots,  penalty  for  permitting  removal 98  139 

Ballots,  penalty  for  taking  from  election  room 117  153 

Ballots  preserved    119  153 

Ba  Hots,  primary  elections  for  precinct  committeemen 323  266 

Ballots,  rules   for   marking 132  160 

Ballots,  when  and  how  destroyed 106  143 

Ballots,  where  deposited    112  148 

Ballots,  where  voters  in  precincts  have  increased 96  137 

Ballots,  unvoted,  counted  and  destroyed 118  153 

Ballots,  how  printed  for  Centennial  Celebration 448  344 

Ballots,  Centennial  Celebration,  by  whom  furnished 448  344 

(353) 

23—1779 


354  ELECTION     LAWS    INDEX, 


SEC.  PAGE 


Ballots,  how  printed  for  Constitutional  Convention  elec- 
tion      451  346 

Ballots,  for   Constitutional   Convention   election,   form   of 

and  by  whom  furnished 451  346 

Banks,  national,  contributions  prohibited  by  federal 
statute    

Betting  on  election  

Betting  on  election,  penalty   

Blank  forms  furnished  to  Election  Board 

Board  of  Canvassers,  altering  returns    

Board  of  Canvassers,  certificate    

Board  of  Canvassers,  certificate  of  election    

Board  of  Canvassers,  chairman   

Board  of  Canvassers,  clerical  assistance   

Board  of  Canvassers,  clerk   

Board  of  Canvassers,  defective  papers 

Board  of  Canvassers,  disputes  settled  by  Judge  of  Circuit 
Court 

Board  of  Canvassers,  duties    

Board  of  Canvassers,  duties  when  voting  machines  are 
used 

Board  of  Canvassers,  how  constituted    

Board  of  Canvassers,  meeting    

Board  of  Canvassers,  oral  evidence   

Board  of  Canvassers,  payment  of  expenses 

Board  of  Canvassers,  primary  elections   

Board  of  County  Commissioners,  appointment  of  regis- 
tration officials 

Board  of  County  Commissioners,  bribing  to  purchase  ma- 
chines    

Board  of  County  Commissioners,  changing  precinct  bound- 
aries     

Board  of  County  Commissioners,  contested   election    

Board  of  County  Commissioners,  designating     place     for 

election  of  precinct  committeemen 322  264 

Board  of  County  Commissioners,  duty  as  to  primary 
elections   

Board  of  County  Commissioners,  establishing  precincts. . 

Board  of  County  Commissioners,  providing  ballot   boxes. 

Board  of  County  Commissioners,  providing  booths   

Board  of  County  Commissioners,  providing      rooms      for 

elections  107  143 

Board  of  County  Commissioners,  purchasing  voting  ma- 
chines    

Board  of  Judges,  township  elections 

Board  of  School  Commissioners  (See  School  Commis- 
sioners). 

Bribery,  disqualification  for  office  holding 

Bribery  of  election  oflacers,  penalty 


228 

211 

58 

114 

272 

236 

64 

119 

257 

230 

151 

168 

156 

170 

148 

167 

149 

167 

148 

167 

153 

169 

155 

170 

150 

168 

307 

256 

147 

166 

147 

166 

154 

169 

149 

167 

348 

281 

27 

98 

298 

250 

60 

116 

207 

188 

334 

272 

59 

115 

68 

122 

107 

143 

296 

248 

177 

178 

12 

94 

271 

235 

ELECTION     I.WVS     iNDkX, 


355 


Hribery  to  procure  election  

Bribery  to  secure   nomination    

Bribing  voter,  penalty 

Bureau  of  Emigration  and  Naturalization  (See  Natural- 
ization ) . 
Buying  votes,  penalty 

(Jandidates,  choice  between  nomination  by  convention 
and  petition   

Candidates,  choice  betv^een  parties 

Candidate's  itemized  statement  of  expenses 

Candidates,  named   by   petition 

Candidates,  names,  how  certified 

Candidates,  name  on  ballot  but  once 

Candidates,  nominated  by  party 

Candidates,  resignation    

Candidates,  withdrawal  from  primary  election  ticket 

Canvassers  Board   (See  Board  of  Canvassers). 

Canvass  of  precinct  vote 

Canvass  of  precinct  vote,  who  present 

Care  of  ballots  and  papers 

Caucuses,  Corrupt  Practices  Act 

Causes  for  contest 

Centennial  Celebration  election 

Certificate  of  constitutional    amendment 

Certificate  of  election,  by  Board  of  Canvassers 

Certificate  of  Election  Judges 

Certificate  of  elections,   township   elections 

Certificate  of  nomination 

Certificate  of  nomination,    where    filed 

Certificate,  when  to  be  tiled 

Certificate  of  recount  of  ballots 

Certificate  to  Clerk  of  Circuit  Court  by  Governor 

Challenge  of  voter,  affidavit    ,. 

Challenge  of  voter  at  primary  elections 

Challenge  of  voter,  grounds 

Challenge,  grounds  of,  affidavit 

('hallenge  of  voter,  primary  elections  for  precinct  com- 
mitteemen     

Challenge  of  voter,  procedure 

Challengers   

Challengers,  at  primary  elections 

Change  of  name  of  town 

Chinese  excluded  from  naturalization 

Choice  of  candidates  between  parties 

Chutes,  how  and  by  whom  provided 

Circuit  Court,  appeals  in  contest  cases 

Circuit  Court,  duty  on  appeal 

Circuit  Court,  Commissioners  to  take  testimony 


SEC. 

PAGE 

270 

235 

251 

227 

252 

227 

277 


238 


91 

134 

91 

134 

223 

205 

82 

128 

82 

128 

91 

134 

82 

128 

82 

128 

328 

269 

119 

153 

119 

154 

144 

165 

216 

191 

203 

187 

448 

344 

89 

132 

156 

170 

143 

164 

179 

179 

82 

128 

82 

129 

86 

131 

183 

181 

87 

131 

253 

228 

345 

278 

46 

109 

253 

228 

323 

266 

108 

144 

108 

144 

337 

273 

399 

303 

419 

323 

92 

134 

107 

143 

209 

189 

210 

189 

213 

190 

356  ELECTION    LAWS    INDEX. 

SEC.  PAGE 

Circuit  Court,  contest  for  corrupt  practices  in 229  211 

Circuit  Court,  mandate  to  allow  voters  to  attend  polls...  Ill  147 

Cities,  registration  of  voters 47  109 

City  Board  of  Election  Commissioners 137  162 

City  Clerk,  term  of  office 407  310 

City  Councilmen,  term  of  office 407  310 

City  elections,  application   of   laws 407  312 

City  elections,  certificate  of  elections 407  312 

City  elections,  contests   407  312 

City  elections,  Councilmen  in  first-class  cities 445-447  342 

City  elections.  County  Treasurer  as  City  Treasurer 407  312 

City  elections,  duty  of  officers 137  162 

City  elections,  elective  officers   407  310 

City  elections,  eligibility  to  office   401  307 

City  elections,  eligibility  to  vote   402  307 

City  elections,  gas  works  409  316 

City  elections,  how  held  137  162 

City  elections,  public  utilities -. 409  316 

City  elections,  returns  407  312 

City  elections  (See  Municipal  Elections). 

City  elections,  term  and  election  of  City  Judge 408  315 

City  elections,  unions  with  adjoining  cities  or  towns 400  306 

City  elections,  voting  precincts   403  307 

City  elections,  water  works    409  316 

City  Judge,  election  and  term 407  314 

City  Judge,  jurisdiction 407  314 

City  Judge,  term  of  office 407  312 

City  Treasurer,  term  of  office 407  312 

Clerk  of  Circuit  Court,  certifies  return  of  constitutional 

convention  vote  to  Secretary  of  State 453  347 

Clerk  of  Circuit  Court,  allowance  for  procuring  ballots.  97  138 

Clerk  of  Circuit  Court,  certificate  of  town  election 397  303 

Clerk  of  Circuit  Court,  certificate  of  votes  for  State  offi- 
cers      161  172 

Clerk  of  Circuit  Court,  Clerk  Boara  of  Canvassers 148  167 

Clerk  of  Circuit  Court,  distribution  of  ballots  to  Inspect- 
ors   100  139 

Clerk  of  Circuit  Court,  filing  certificates  of  nomination 

with 86  131 

Clerk  of  Circuit  Court,  preserving  tally  papers,  etc 146  166 

Clerk  of  Circuit  Court,  receiving  State  ballots 96  136 

Clerks  of  Election,  voting 140  164 

Closing  polls 70  122 

Color  of  ballots    90  132 

Color  of  paster  ballots   113  149 

Commissioners  (See  State  Board  of  Election  Commis- 
sioners and  County  Board  of  Election  Commission- 
ers). 

Common  council,  Corrupt  Practices 216  192 


ELECTION    LAWS    INDEX. 


85: 


SEC.  PAGE 

Compensation  of  registration  board   39  107 

Compensation  of  city  officers    407  310 

Compensation  of  special  messenger    97  138 

jConspiracy  to  evade  election  law 120  154 

Constables,  elections   for    170  175 

Constables,  time  of  holding  election 173  176 

Constables,  terms  begin  when 173  176 

Constitutional  amendment  certificate  89  132 

Constitutional  amendment,  party   action   on 130  159 

Constitutional  amendment,  printed  on  ballot 129  158 

Constitutional  amendment,  voting  machines   134  161 

Constitutional  Convention,   election 449^68  346-352 

Contest,  appeals  to  Circuit  Court 209  189 

Contest,  appeal  to  Supreme  Court. 215  191 

Contest,  causes  for    203  187 

Contest,  corrupt  practices 229  211-214 

Contest,  duty  of  Prosecuting  Attorney 231  215 

Contest,  fees  and  costs  212  190 

Contest,  finding  of  court 229  211 

Contest,  filing  decision  with  Governor 229  213 

Contest,  filing  decision  with  President  of  the  Senate 229  213 

Contest,  filing  decision  with  Secretary  of  State 229  212 

Contest,  filing  decision  with  the  speaker  of  the  House  of 

Representatives    ; 229  213 

Contest,  for  local  offices 205  188 

Contest  for  seat  in  General  Assembly,  duties  of  Secretary 

of  State 201  187 

Contest,  for  Governor  and   Lieutenant-Governor 24  96 

Contest,  for  State  office 191  184 

Contest  for  State  office,  notice 192  184 

Contesting  seat  of  legislator 194  185 

Contest,  member  of  General  Assembly 194  185 

Contest,  municipal    office    214  190 

Contest,  notice  by  Auditor  to  Clerk 206  188 

Contest,  notice  to  Clerk 206  188 

Contest,  notice  to  contestee    207  188 

Contest,  notice  to  County   Commissioners    207  188 

Contest,  subpoenaing  witneses   208  189 

Contest,  costs  witnesses  and  documents 230  214 

Contest,  taking   of   evidence 213  190 

Contest,  voters  compelled  to  testify 211  190 

Contest,  when  election  may  be  declared  void 229  211 

Contest,  who  may  have 190  183 

Convention,  Constitutional,  election 449-468  346-352 

Constitutional  Convention   Election,  notice .- 454  347 

Corporations,  contributions  prohibited  by  federal  statute.  228  211 
Corporations,  campaign  contributions  prohibited  by  state 

law    227  210 

Corrupt  Practices  Act,  federal    232-242  215-224 

Corrupt  Practices  Act,  federal,  how    interpreted    80-87 


358  ELECTION     LAWS    LNDKX. 

SEC.  I'AGE 

Corrupt  Practices  Act,  State    216-231  191-215 

Corrupt  Practices  Act,  State,  how  interpreted   60-79 

Corrupt  Practices  Act,  applies  to  what  elections 216  191 

Corrupt  Practices  Act,  appointment  of  Political  Agent. . .  .  217  193. 

Corrupt  Practices  Act,  appointment   of   Treasurer 217  192 

Corrupt  Practices  Act,  bond  of  Treasurer 218  193 

Corrupt  Practices  Act,  candidate's  itemized  statement ...  223  205 

Corrupt  Practices  Act,  collection  of  funds 218  194 

Corrupt  Practices  Act,  compensating  clerks  and  stenogra- 
phers     221  200 

Corrupt  Practices  Act,  contributions  by  candidates    219  197 

Corrupt  Practices  Act,  contributions  by  corporations 227  210 

Corrupt  Practices  Act,  cost  of  messengers 221  200 

Corrupt  Practices  Act,  disbursement  of  funds 218  194 

Corrupt  Practices  Act,  duties  of  political  committee 218  194 

Corrupt  Practices  Act,  expenses   of  candidates 220  199 

Corrupt  Practices  Act,  false  statement  constitutes  perjury  224  206 

Corrupt  Practices  Act,  filing  statement  of  expenditures . .  222  204 

Corrupt  Practices  Act,  hiring  halls  for  conventions 221  200 

Corrupt  Practices  Act,  keeping  account  books 222  204 

Corrupt  Practices  Act,  legitimate  expenses   221  200 

Corrupt  Practices  Act,  meetings  of  county  and  State  cen- 
tral committees   221  201 

Corrupt  Practices  Act,  payment  of  election  expenses 220  199 

Corrupt  Practices  Act,  penalties    226  207 

Corrupt  Practices  Act,  Political  Agent   217  192 

Corrupt  Practices  Act,  Political  Agent's  report 222  204 

Corrupt  Practices  Act,  Political    Committee    217  192 

Corrupt  Practices  Act,  printing   and   circulating   political 

articles    221  200 

Corrupt  Practices  Act,  soliciting  contributions  219  197 

Corrupt  Practices  Act,  solociting  contributions  from  can- 
didates   219  197 

Corrupt  Practices  Act,  statement    and    accounts    become 

public  records ^ 225  207 

Corrupt  Practices  Act,  Sub-treasurer  218  194 

Corrupt  Practices  Act,  Treasurer    217  192 

Corrupt  Practices  Act,  Treasurer's  report   222  204 

Corrupt  Practices  Act,  voluntary  contributions    219  197 

Corrupt  Practices  Act,  what  a  candidate  may  contribute.  220  199 

Councilmen  in  first  class  cities,   councilmanic   district  . . .  446  342 

Councilmen  in  first  class  cities,  nomination  and  number.  447  342 

Councilmen  in  first  class  cities,  number  and  salary 445  342 

Count  of  precinct  vote 119  153 

Counting  votes,  certificate 143  164 

County  Auditor,  custody  of  registration   books    37  105 

County  Auditor,  custody  of  voting   machines,    keys 310  257 

County  Auditor,  duty   under  registration   law 27  98 

County  Auditor,  fees  in   contest  cases 212  IWO 


ELECTION     LAWS    INDEX.  359 

SEC.  PAGE 

County  Board  of  Election  Commissioners,  allowance      to 

clerk    97  138 

County  Board  of  Election  Commisioners,    appointment ...  81  127 

County  Board  of  Election  Commissioners,  candidate  re- 
signing      93  135 

County  Board  of  Election  Commissioners,  compensation . .  81  127 

County  Board  of  Election  Commissioners,  destroying  bal- 
lots      106  148 

(^ounty  Board  of  Election  Commissioners,  duties   82  128 

County  Board  of  Election  Commissioners,  posting  in- 
structions to  voters 102  141 

County  Board  of  Election  Commissioners,  sample  ballots 
for  voting  machines 

County  chairmen,  filling  vacancies  in  nominations 

County  election,   how   held 

County  Sheriff,  attendance  on  Board  of  Canvassers 

County  Sheriffs,  certificate  of  election  for  members  of 
Legislature 

County  Sheriff,  fees  in  contest  cases 

County  Sheriff,  giving  notice  of  presidential  elections . . . 

County  Sheriff,  notice  of  special  elections 

Crimes,  altering  election   returns    

Crimes,  altering  returns 

Crimes,  betting  on  elections 

Crimes,  breaking  ballot  boxes 

Oimes,  bribery  of  election  officers 

Crimes,  bribery  to  procure  election    

Crimes,  bribery  to  secure  nomination   

Vrimes,  bribing  voter   " 

Crimes,  buying  votes   

Crimes,  buying  votes  at   special   election 

Crimes,  candidate's  failure  to  file  itemized  statement 

Crimes,  carrying  ballot  or  pencil  from  room 

Crimes,  conspiracy    

Crimes,  conspiring  to  distinguish  primary  ballot 

Crimes,  contributions  by  corporations 

Crimes,  deceiving  illiterate  voters   

Crimes,  deceiving  poll-takers    

Crimes,  defacing  certificate  or  petition  of  nomination 

Crimes,  defacing  sample  ballots    

Crimes,  defrauding  voter  

Crimes,  depositing  ballot  with  distinguishing  mark  there- 
on  

Crimes,  destroying  ballot  box  or  ballots 

Crimes,  destroying  election   supplies 

Crimes,  destroying  supplies  at  primary  elections 

Crimes,  druggists  selling  liquor  on  election  day 

Crimes,  electioneering  on  election  day  near  polls 

Crimes,  embezzlement  of  naturalization  fees 


303 

252 

93 

135 

136 

162 

154 

169 

159 

171 

212 

190 

282 

241 

168 

175 

255 

229 

257 

230 

272 

236 

255 

229 

271 

235 

270 

235 

251 

227 

252 

227 

277 

238 

269 

234 

223 

205 

112 

149 

120 

154 

366 

287 

227 

210 

261 

231 

70 

125 

120 

154 

126 

157 

262 

232 

116 

152 

265 

233 

126 

157 

372 

289 

275 

237 

127 

157 

435 

333 

360 


ELECTION     LAWS    INDEX. 


Crimes,  extortion  in  naturalization  proceeding 

Crimes,  failure  of  Election  Inspector  to  appear  at  Clerk's 

office    

Crimes,  failure  of  Political  Agent  to  file  statement 

Crimes,  failure  of  Political  Treasurer  to  file  statement.. 

Crimes,  false  registration  or  statement  by  voIlm- 

Crimes,  false  returns  on  voting  madiines 

Crimes,  false  statement  in  registration  application 

Crimes,  feloniously  issuing  naturalization  certificate 

Crimes,  filing  false  certificate  or  petition  of  nomination.. 

Crimes,  forging  naturalization   certificate    

Crimes,  forging  official  indorsement  on  ballot 

Crimes,  fraud  at  special  election 

Crimes,  fraud  of  officers 

Crimes,  illegal  printing  of  ballots  for  primary 

Crimes,  illegal  voting  at  primaries 

Crimes,  illegal  voting  at  primaries    

Crimes,  illegal  voting,  affidavit,  arrest 

Crimes,  inducing  Election  Board  to  violate  law 

Crimes,  inducing  elector  to  vote  by  gift 

Crimes,  inducing  minor  to  bet  on  election 

Crimes,  inducing  voter  to  make  distinguishing  mark 

Crimes,  inducing  voters  to  resign  petition 

Crimes,  influencing  opinions  of  employes 

Crimes,  influencing  Primary  Board 

Crimes,  importing  voters   

Crimes,  injuring  voting  machines  or  ballots 

Crimes,  judge  making  political  contributions 

Crimes,  knowingly  subscribing  name  of  other  person  to 

registration   blank 

Crimes,  making  false  affidavit 

Crimes,  false   affidavit    

Crimes,  making  payment  to  Political  Agent  in  name  other 

than  own 

Crimes,  nonresident  voting   

Crimes,  offering  to  sell  vote 

Crimes,  officer  opening  or  marking  ticket 

Crimes,  officer  persuading  voter    

Crimes,  opening  ballot  packages   

Crimes,  opening  primary  ballot  package 

Crimes,  paying  declaration  fee  of  alien 

Crimes,  permitting  removal  of  ballots 

Crimes,  Poll  Clerk  deceiving  illiterate  elector 

Crimes,  poll-takers  returning  fictitious  names 

Crimes,  placing  political  motto  on  pay  envelope 

Crimes,  preventing  employes  from  voting 

Crimes,  preventing  vote  at  primary 

Crimes,  printer  distributing  ballots    

Crimes,  printing  ballots  in  improper  form 


SEC. 

PAGE 

436 

334 

104 

142 

222 

204 

222 

204 

42 

.108 

317 

260 

42 

108 

433 

333 

120 

154 

431 

332 

120 

154 

268 

234 

256 

229 

258 

284 

355 

283 

255 

283 

362 

286 

125 

156 

226 

207 

273 

236 

123 

156 

266 

233 

226 

207 

371 

289 

246 

225 

313 

258 

226 

207 

43 

108 

110 

147 

254 

229 

226 

207 

245 

225 

276 

237 

260 

231 

259 

231 

121 

155 

365 

286 

411 

318 

98 

139 

115 

152 

77 

125 

226 

207 

111 

147 

367 

287 

95 

136 

95 

136 

ELECTION    LAWS    INDEX.  361 

SEC.  PAGE 

Crimes,  printing  or  circulating  imitation  ballot 120  154 

Crimes,  providing   illegal   booth 107  143 

Crimes,  purchase  of  votes  at  primary 368  287 

Crimes,  refusing  to  receive  vote 258  231 

Crimes,  Registration  Board  making  false  registration 42  108 

Crimes,  removing   election   supplies 126  157 

Crimes,  removing  pencils  99  139 

Crimes,  removing  stamps 99  139 

Crimes,  revealing  how  elector  voted 124  156 

Crimes,  revealing  vote  at  primary 370  288 

Crimes,  seizing   ballot   box 264  232 

Crimes,  selling  liquor  on  election  day 274,  280  236,  239 

Crimes,  selling  signature  to  petition 267  233 

Crimes,  selling  vote  276  237 

Crimes,  soliciting  aid  for  vote 226,  248  207,  226 

Crimes,  soliciting  alien  to  naturalize 410  318 

Crimps,  suppressing  certificate  or  petition  of  nomination.  120  155 

Crimes,  taking   ballots    99  139 

Crimes,  taking  ballot  from  election  room 117  153 

Crimes,  transmitting   money    to   a   person   other   than    a 

Political  Agent  or  Treasurer 226  207 

Crimes,  unauthorized  receipt  or  distribution  of  campaign 

funds    218  194 

Crimes,  unlawfully  applying  for  ballot  papers 226  207 

Crimes,  unlawfully  endorsing  name  of  applicant  to  regis- 
tration blank   34  104 

Crimes,  unlawfully  entering  election  rooms 122  155 

Crimes,  unlawful  voting  at  primary  elections 343  275 

Crimes,  using  distinguishing  marks  on  voting  machines..  315  259 

Crimes,  using  violence,  threats  or  restraint ^ 263  232 

Crimes,  voter  falsely  declaring  himself  illiterate 115  152 

Crimes,  voting  in  wrong  precinct 244  225 

Crimes,  voting  more  than  once 247  226 

Crimes,  voting  more  than  once  at  primary 357  284 

Crimes,  voting  in  wrong  place  at  primary 356  284 

Crimes,  witness  testifying,   effect 278  238 

Crimes,  wrongful  possession  of  naturalization  blank 434  333 

Crimes,  wrongfully   procuring  naturalization 412,  438  835,  319 

Death  of  candidates 82  129 

Deceiving  illiterate  voters,  penalty 261  231 

Defacing  sample  ballots   126  157 

Defaulters,  ineligible  to  office 16  94 

Defrauding  voter,  penalty 262  232 

Delegates  to  Constitutional  Convention,  number,  how  ap- 
portioned      457  348 

Depositions,  on  contest  for  seat  in  General  Assembly 195  185 

Depositions,  notice   to   contestee 196  185 

Depositions,  powers   of   Justices 197  186 

»4— 1779 


362  ELECTION    LAWS    INDEX. 


SEC.  PAGE 

Depositions,  incapacity   of  Justice 198  186 

Depositions,  meetings  of  Justices,  duty 199  186 

Depositions,  Clerk's  duty  200  186 

Depositions,  duty  of  Secretary  of  State 201  187 

Depositions,  when  read    202  187 

Destroying  ballot  box  or  ballots,  penalty 265  233 

Destroying  election  supplies   126  157 

Disfranchisement  for  crime    14  94 

Disfranchisement  of  voter  54  114 

Disputed  ballots  preserved 119  153 

Disqualification  for  oflace,  bribery : 12  94 

Dissolution   of   town 399  303 

Distinguishing  mark    112.  116  147, 152 

Distinguishing  mark,  inducing  voter  to  make 123  156 

Distribution  of  ballots 96  136 

Distribution  of  ballots  to  Election  Inspector 100  139 

District  chairmen,  filling  vacancies  in  nominations 93  135 

Duelling,  disqualification  for  office 13  94 

Duties  of  Board  of  Canvassers 150  168 


Election  Board,  adjournment  or  recess  forbidden 141  164 

Election  Board,  inducing  to  violate  law 127  157 

Election  Board,  members   voting  140  164 

Election  Board,  memorandum  of  total  vote 119  153 

Election  Board,  publishing  statement  of  result 140  164 

Election  Board,  revealing  how  elector  votes 124  156 

Election  booths,  by  whom  provided 107  143 

Election  Clerk,  compensation    165  173 

Election  Clerk,  destroying  or  substituting  ballots 256  229 

Election  Clerk,  voting    140  164 

Election  contest  (see  Contest). 

Election  day,  employment  of  voters Ill  147 

Election  Inspector,  altering  returns 257  230 

Election  Inspector,  appointment  by  County  Commissioners  62  118 

Election  Inspector,  appointment  of  Judges 62  119 

Election  Inspector,  certificates  for  Board  of  Canvassers.  145  165 

Election  Inspector,  compensation    165  173 

Election  Inspector,  defacing  ballot  116  152 

Election  Inspector,  delivers  ballots  to  Poll  Clerks 101  140 

Election  Inspector,  destroying  or  substituting  ballots 256  229 

Election  Inspector,  duties 145  165 

Election  Inspector,  duties  when  voting  machines  used . . .  304  254 

Election  Inspector,  failure  to  appear  at  Clerk's  office ....  104  142 

Election  Inspector,  false  return  of  vote  on  machines 317  260 

Election  Inspector,  no  compensation,  when 103  142 

Election  Inspector,  oath  as  to  preservation  of  ballots 144  165 

Election  Inspector,  opening  ballot  packages,  penalty 121  155 

Election  Inspector,  opening  or  marking  ticket 260  231 


ELECTION    LAWS    INDEX.  363 

SEC.  PACK 

Election  Inspector,  opens  ballot  packages 101  140 

Election  Inspector,  persuading  voter   259  231 

Election  Inspector,  posting  instructions  to  voters 102  141 

Election  Inspector,  preservation  of  ballots 144  165 

Election  Inspector,  qualifications    61  117 

i:iection  Inspector,  receipt   of  ballots 100  139 

Election  Inspector,  receipt  of  registration  papers 45  109 

Election  Inspector,  refusing  to  receive  vote 258  231 

Election  Inspector,  tampering  vs^ith  voting  machines 316  259 

Election  Inspector,  town  elections   393  301 

Election  Inspector,  Township  Trustee  ex  officio 61  117 

Election  Inspector,  voting    140  164 

Election  Judge,  certificate  of  vote  143  164 

Election  Judge,  compensation    165  173 

Election  Judge,  defacing  ballot   116  152 

Election  Judge,  designation  by   County   Chairman 61  117 

Election  Judge,  destroying  or  substituting  ballots 256  229 

Election  Judge,  opening  or  marking  ticket 260  231 

Election  Judge,  persuading  voters    259  231 

Election  Judge,  qualifications    61  117 

Election  Judge,  refusing  to  receive  vote 258  231 

Election  Judge,  tampering  with  voting  machines 316  259 

Election  Judge,  voting    140  164 

Election  day,  unlawful  to  sell  liquor  on 280  239 

Election,  Centennial  Celebration 448  344 

Election,  Constitutional  Convention   449-468  346-352 

Election  for  Constitutional  Convention,  when  held 449  346 

Election  of  delegates  to  Constitutional  Convention,  special 

election    456  348 

Election,  vote  for  Presidential  Electors,  when  and  where 

returned   283  241 

Election  for  Presidential  electors — Duties  of  Marshal  and 

Secretary   of   State 288  243 

Election  day,  a  legal  holiday. ; 138,  280  339, 163 

Election  day,  hours  of  sale  of  liquor 280  239 

Election  laws,  applied 133  161 

Election  officers,  administering  oaths    66  121 

Election  officers,  bribery    271  235 

Election  officers,  care  of  ballot  boxes 69  122 

Election  officers,  meals  for   142  164 

Election  officers,  neglect  of  duty  when  voting  by  machines  312  258 

Election  officers,  oaths    65  119 

Election  officers,  procuring   ballots   when   lost 105  142 

Election  officers,  shall  not  electioneer  when 127  157 

Election  officers,  tampering  with  voting  machines 316  259 

Election  returns,  effect  of  informality    157  170 

Election  rooms,  penalty   for   unlawfully   entering 122  155 

Election  rooms,  voting   machines 300  251 

Election  Sheriffs,  appointment 79  125 


364 


ELECTION    LAWS    INDEX. 


SEC.  PAGE 

Election  Sheriflfs,  arrest  of  illegal  voter 109  146 

Election  Sheriffs,  compensation    79  125 

Election  Sheriffs,  making  arrests    79  125 

Election  Sheriffs,  preserving   order    79  125 

Election  Sheriffs,  qualifications    79  125 

Electioneering  on  election  day  near  polls 127  157 

Elections,  altering  returns,  penalty 255  229 

Elections,  certificate   of   Clerk 52  113 

Elections,  free   and   equal . . . ; ^    8  93 

Elections,  method  of   19  95 

Elections,  notice    of    Sheriff 52  113 

Elections,  providing   rooms   for . 107  143 

Elections,  what  offices  filled 51  113 

Elections,  when  held  1,  2,  51    89, 113 

Elections,  opening  and  closing  polls 71  22 

Elections,  when  not  set  aside 204  187 

Electors,  disclosing   vote    112  147 

Electors,  freedom  from  arrest 18,  57    95, 114 

Electors,  qualifications    9,  53    93, 113 

Electors,  vote  where   71  123 

Emblem  of  party,  how  certified  82  128 

Emblem  of  party,  in  case  of  two  factions 82  129 

Emblem  of  party,  may  be  what 82  128 

Foreign  born  persons,  application  for  registration 33  102 

Form  of  ballots   90  132 

Form  of  paster  ballots 113  149 

Gas  works  election 409  316 

General  Assembly,  contest  for   State  office 192  184 

General  Assembly,  committee  to  try  contest.. 193  184 

General  Assembly,  corrupt  practices  in  caucuses  of  mem- 
bers  , 216  191 

General  Assembly,  deposition  on  contest 195-202  185-187 

General  Assembly,  notice   to   contestee 196  185 

General  elections,  time  of 20  95 

Governor,  appointment  of  Marshals 285  242 

Governor,  appointment  of  voting  machine  commission . . .  293  246 

Governor,  appoints  election   commissioners 80  127 

Governor,  certificate  to  Clerk  of  nominations 87  131 

Governor,  certifies  to  election  of  members  of  Congress . . .  163  172 

Governor,  orders   special   elections 167  174 

Governor,  vote  for,  how  certified 161  172 

Governor,  vote  for  transmitted  to  General  Assembly 164  173 

Governor,  withholding   commission   157  170 

Governor,  when  elected 21  95 

Governor,  Lieutenant-,  when  elected 21  95 

Governor,  how  elected    22, 23  96 

Governor,  Lieutenant-,   how  elected 22, 23  96 


ELECTION    LAWS    INDEX.  365 


BEC. 

PAGE 

24 

9G 

24 

96 

Gov'ernor.  election   of,   contested 

Governor,  Lieutenant-,  election  of,  contested 

General  Assembly,  when  elects  Governor  and  Lieutenant- 
Governor 23  96 

Having  ballots  in  possession,  penalty 

Having  blue  pencils  in  possession,  penalty 

Holidays,  election  day 

Holiday,  election  day^  hours  sale  of  liquor  prohibited .... 

Illegal  voter,  arrest 

Illegal  voting,  penalty   

Illiterate  voter,  preparing  ballot 

Illiterate  voter,  voting  on  machines 

Importing  voters,  penalty 

Inspectors  of  election  (see  Election  Inspectors). 

Instructions  to  voters,  how  posted  

Instructions  to  voters,  should  contain  what 

Instructions  to  voters  

Instructions  to  primary  election  officers 

Instructions  to  registration  officers  

Interpretation  of  registration  laws 

Interpretation  of  Corrupt  Practices  Act — State 

Interpretation  of  Corrupt  Practices  Act — Federal 

Judge  Circuit  Court,  vote  for,  how  certified 

Judges  of  Superior  Court,  election  by  rooms 

Judges  Supreme  Court,  vote  for,  how  certified 

Judges  of  Election  (see  Election  Judges). 

Justices  of  the  Peace,  deposition  on  contest  

Justices  of  the  Peace,  elections  for   

Justices  of  the  Peace,  time  of  election   

Justices  of  the  Peace,  fees  in  contest  cases 

Legislative  election,  tie  vote 

Lieutenant-Governor,  vote  for  how  certified 

Lieutenant-Governor,  vote  for  transmitted  to  General  As- 
sembly  

Local  offices,  contest  for 

Loss  of  residence . 

Loss  of  residence,  absence  from  state  on  business 

Lost  ballots,  how  supplied 

Lucrative  office,  effect  of  holding 

Liquor,  selling  on  election  day  prohibited 

Machine  voting  (see  Voting  Machine). 

Making  false  affidavit 

Manner  of  voting   

Manner  of  voting,  number  of  persons  in  booths 


99 

139 

99 

139 

138 

163 

280 

239 

109 

146 

243 

224 

115 

152 

301 

251 

246 

225 

102 

141 

102 

141 

8-27 

29-41 

42-59 

42-59 

60-79 

80-87 

161 

172 

83 

130 

161 

172 

191 

184 

170 

175 

173 

170 

212 

190 

100 

171 

161 

172 

164 

178 

205 

188 

11 

93 

56 

114 

105 

142 

15 

94 

280 

239 

110 

147 

112 

147 

114 

151 

366 


ELECTION    LAWS    INDEX. 


SEC.  PAGE 

Marking  of  ballots  132  160 

Marines,  right  to  vote 10,  55     93, 114 

Marshals  for  presidential  elections 285-287    242-243 

Mayor  of  city,  term  of  office 407  310 

Meals  for  election  officers 142  164 

Members  of  Congress — certificate  of  election 163  172 

Members  of  Congress,  vote  for,  how  certified 161  172 

Members  of  General  Assembly,  certificate  of  votes 158  171 

Members  of  General  Assembly,  certificate  of  election 159  171 

Members  of  General  Assembly,  special  election 166  174 

Method  of  elections   19  95 

Mixed  ticket,  how  to  vote 132  160 

Municipal  elections,  elective  officers  407  310 

Municipal  elections,  eligibility  to  office 401  307 

Municipal  elections,  eligibility  to  vote 402  307 

Municipal  elections,  gas  works 409  316 

Municipal  elections,  incorporation  of  towns  382  297 

Municipal  elections,  primary  elections  350  282 

Municipal  elections,  public  utilities    409  316 

Municipal  elections,  use  of  voting  machines 318  260 

Municipal  elections,  voting  precincts   403  307 

Municipal  elections,  water  works   409  316 

Municipal  office,  contest 214  190 

Mutilated  ballots,  returned  to  poll  clerks 114  151 

Naturalization,  affidavit  of  witnesses 421  323 

Naturalization,  Africans  eligible 420  323 

Naturalization,  alien  enemies  debarred   416  321 

Naturalization,  alien  returning  to  foreign  country 430  330 

Naturalization,  alien  soldiers  and  sailors. 417  322 

Naturalization,  anarchists  debarred   414  321 

Naturalization,  application  for  registration 33  102 

Naturalization,  binding  and  indexing  papers 428  329 

Naturalization,  cancellation  of  certificates 430  830 

Naturalization,  certificate  of    Department    of    Commerce 

and  Labor  421  323 

Naturalization,  change  of  name 423  326 

Naturalization,  children  of  citizens   442  336 

Naturalization,  Chinese  excluded   419  323 

Naturalization,  Clerk  of  court,  duties 422,  427  326.  328 

Naturalization,  Colonials    441  335 

Naturalization,  contents  of  petition 421  323 

Naturalization,  counterfeiting  blanks,  penalty  432  332 

Naturalization,  crimes,  forging  certificates 431  332 

Naturalization,  crimes,  neglect  of  duty  by  clerk 427  328 

Naturalization,  declaration  of  intention   421  323 

Naturalization,  docketing  of  petition 423  326 

Naturalization,  duty  of  district  attorney 480  330 

Naturalization,  effect  of  cancelling  certificate 430  330 


ELECTION    LAWS    INDEX. 


367 


Naturalization,  embezzlement  of  fees  by  Clerk 

Naturalization,  extortion  by  Clerk 

Naturalization,  false  certificate 

Naturalization,  fees   

Naturalization,  felonious  issuance  of  certificate 

Naturalization,  filing  of  petition  

Naturalization,  final  order   

Naturalization,  form  of  affidavits  of  witnesses 

Naturalization,  form  of  certificate  of  naturalization 

Naturalization,  form  of  declaration  of  intention 

Naturalization,  form  of  petition  for  naturalization 

Naturalization,  fraudulently  procuring  certificate 

Naturalization,  hearing  of  petition 

Naturalization,  hereditary  title 

Naturalization,  jurisdiction  of  courts 

Naturalization,  limitation  in  prosecution  for  crime 

Naturalization,  member  of  marine  corps 

Naturalization,  merchant  seamen   

Naturalization,  notice  of  petition 

Naturalization,  petition  for  naturalization 

Naturalization,  polygamists  debarred   

Naturalization,  power  to  make  release 

Naturalization,  proof  of  residence 

Naturalization,  renouncement  of  allegiance 

Naturalization,  report  of  Bureau  of  Emigration  and  Nat- 
uralization     

Naturalization,  residence  in  United  States 

Naturalization,  speaking  English  language 

Naturalization,  supporting  Constitution  of  the  United 
States   

Naturalization,  United  States  may  appear 

Naturalization,  unlawfully  paying  declaration  fee 

Naturalization,  unlawfully  soliciting  declaration 

Naturalization,  soliciting  of,  prohibited 

Naturalization,  widow  and  minor  children  of  deceased  ap- 
plicant   

Naturalization,  wrongful  possession  of  blank  certificate . . . 

Naturalization,  wrongfully  procuring   

Nominating  conventions,  corrupt  practices 

Nominating  petition,  must  be  acknowledged 

Nominating  petition,  requisites  

Nominations  by  primary  elections 

Nonresident  voting,  penalty 

Number  of  persons  in  booths 

Notice  of  Constitutional  Convention  election 

Notice  of  election  of  Presidential  Electors 

Notice  of  special  elections  

Notice  of  what  officers  to  be  elected,  Sheriff  gives 

Notice  of  Registration  Board  sessions 


SEC. 

PAGE 

4a5 

333 

436 

334 

437 

334 

429 

329 

433 

333 

423 

326 

424 

327 

443 

336 

443 

337 

443 

337 

443 

337 

430 

330 

424 

327 

421 

323 

413 

320 

439 

335 

417 

322 

418 

322 

422 

326 

421 

323 

414 

321 

444 

341 

425 

327 

421 

323 

427 

328 

421 

323 

415 

821 

421 

323 

426 

327 

411 

318 

410 

318 

410 

318 

421 

323 

434 

333 

438 

335 

216 

191 

82 

128 

82 

128 

321 

263 

245 

225 

114 

151 

454 

347 

282 

183 

168 

117 

52 

113 

30 

100 

368  ELECTION    LAWS    INDEX. 

SEC.  PAGE 

Notice  of  precinct  boundaries  60  116 

Notice  of  primary  election 351,  329  270,  283 

Notice  of  primary  election,  places  of  voting. 335  273 

Oath  of  Election  Clerk  67  121 

Oath  of  election  officer 65  119 

Oath  of  Inspector,  form   65  119 

Oath  of  Judges  of  Election,  form 65  119 

Offering  to  sell  vote,  penalty 276  237 

Officers,  violating  election  laws 128  158 

Opening  polls  70  122 

Official  disabilities,  Congress  may  remove   4  91 

Official  disabilities  under  United  States  Constitution 5  91 

Packages  containing  ballots,  how  prepared 96  136 

Party  convention,  nomination  of  candidates 82  128 

Paster  ballots   113  149 

Paster  ballots,  may  be  used  when 113  149 

Pasters  on  ballots,  caused  by  vacancies  in  nominations. . .  94  135 

Perjury,  filing  false  statement  of  expenses 224  206 

Permitting  removal  of  ballots,  penalty 98  139 

Persons  who  may  stand  near  polls 108  144 

Petition  for  contest  under  Corrupt  Practices  Act 229  211 

Petitions  for  nominations,  preservation  85  130 

Petitions  for  nomination,  requisites  82  128 

Place  of  voting 71  123 

Political  Agent  under  Corrupt  Practices  Act 217  192 

Political  Committee   217  192 

Political  parties,  action  on  constitutional  amendment 130  159 

Poll  book  holders : . . .  108  144 

Poll  Clerks,  appointment 63  119 

Poll  Clerks,  defacing  ballot    116  152 

Poll  Clerks,  duties  as  to  voters 112  147 

Poll  Clerks,  indorsement  on  disputed  or  protested  ballot. .  119  153 

Poll  Clerks,  preparing  ballot  for  illiterate  voter 115  152 

Poll  Clerks,  qualifications 63  119 

Poll  Clerks,  receipt  of  ballots  from  Inspectors 101  140 

Poll  Clerks,  recording  vote   • 119  153 

Polls,  proclamation  of  opening 78  125 

Polls,  proclamation  of  closing 70  123 

Poll-takers,  appointment  by  parties 72  123 

Poll-takers,  deceiving    76  125 

Poll-takers,  information  to  75  124 

Poll-takers,  making  list  of  voters 74  124 

Poll-takers,  returning  fictitious  names 77  125 

Poll-takers,  withholding  information  from 75  124 

Polygamists  debarred  from  naturalization 414  321 

Precinct  Committeemen,  election 322  264 

Precincts,  boundaries,  time  of  changing 26  97 


ELECTION    LAWS    INDEX. 


369 


SEC. 

Precincts,  changes  In  boundaries 60 

Precincts,  duty  of  Board  of  Commissioners 59 

Precincts,  establishment   59 

Precincts,  polling   72 

Preservation  of  affidavits    135 

Preservation  of  ballots  and  papers 144 

Presidential  Electors,  compensation    291 

Presidential  Electors,  districts  for   284 

Presidential  Electors,  duty  of  Governor 285 

Presidential  Electors,  filling  vacancies    289 

Presidential  Electors,  meetings    289 

Presidential  Electors,  when  chosen  281 

Presidential  Electors,  voting    290 

Presidential  elections,  notice  of .' 282 

Presidential  Electors  vote,  vrhen  and  where  returns  made.  283 
Presidential  Electors  vote  returns,  when  and  where  can- 
vassed      288 

President  of  United  States,  how  elected 7 

Primary  elections,  affidavit  of  challenged  voter 345 

Primary  elections,  announcement  of  result   324 

Primary  elections,  application  of  general  statutes 377 

Primary  elections,  applies  to  what  officers 321 

Primary  elections,  arrest  of  illegal  voter 362 

Primary  elections,  ballot  boxes  334 

Primary  elections,  ballot  boxes  and  other  supplies 338 

Primary  elections,  ballots  for  Precinct  Committeemen ....  323 

Primary  elections.  Board  of  Election  Commissioners 326,  333 

Primary  elections,  bribery  to  secure  nomination 251 

Primary  elections,  candidates  for  office 327 

Primary  elections,  canvass  of  votes  347 

Primary  elections,  challenge  of  voter  345 

Primary  elections,  challengers    337 

Primary  elections,  city  officers  350 

Primary  elections.  Commissioners    326 

Primary  elections,  computation  of  time 354 

Primary  elections,  conspiring    to    distinguish    ballot,    pen- 
alty     366 

Primary  elections,  contest  for  Precinct  Committeemen 324 

Primary  elections,  Corrupt  Practices  Act 216 

Primary  elections,  count  of  ballots  for  Precinct  Commit- 
teemen    324 

Primary  elections,  count  of  unvoted  ballots 346 

Primary  elections,  custodian    consenting    to    removing    of 

ballots 360 

Primary  elections,  custody  of  ballots 341 

Primary  elections,  deciding  contest  for  Precinct  Commit- 
teemen      325 

Primary  elections,  delivery  of  affidavits 374 


PAGE 

116 
115 
115 
123 
161 
165 
244 
242 
242 
243 
243 
241 
244 
241 
241 

243 

91 
278 
266 
291 
263 
286 
272 
274 
266 
268,  271 
227 
269 
280 
278 
273 
282 
268 
283 

287 
266 
191 

266 
280 

285 
275 

267 
290 


370 


ELECTION    LAWS    INDEX. 


SEC. 


PAGE 


Primary  elections,  depositing  ballot  containing  distinguish- 
ing mark   

Primary  elections,  Deputy  Sheriff 

Primary  elections,  destruction  of  ballots 

Primary  elections,  disabled  voters   

Primary  elections,  disclosing  how  elector  voted 

Primary  elections,  distinguishing  mark  on  ballot 

Primary  elections,  distribution  of  ballots 

Primary  elections,  duties  of  Board  of  County  Commis- 
sioners     

Primary  elections,  duty  of  Board  of  Canvassers 

Primary  elections,  duty  of  Election  Commissioners 

Primary  elections,  duty  of  officers  in  counting  votes 

Primary  elections,  election  officers   

Primary  elections,  eligible  voters  for  Precinct  Commit- 
teemen     

Primary  elections,  expenses,  how  paid 

Primary  elections,  failure  of  Inspector  to  appear,  penalty 

Primary  election  officers.  Instructions  to 

Primary  elections,  how  candidates  may  withdraw 

Primary  elections,  false  affidavit 

Primary  elections,  how  to  vote 

Primary  elections,  illiterate  voter 

Primary  elections,  immunity  of  witnesses 

Primary  elections,  influencing  Board,  penalty 

Primary  elections,  manner  of  machine  voting 

Primary  elections,  manner  of  voting 

Primary  elections,  method  of  voting 

Primary  elections,  neglect  of  duty  by  public  officer 

Primary  elections,  nominations    

Primary  elections,  notice  by  publication 

Primary  elections,  notice  of  candidacy 

Primary  elections,  notice  of  election 

Primary  elections,  notice  of  place  of  voting 

Primary  elections,  official  primary  ballot 

Primary  elections,  opening  and  closing  the  polls 

Primary  elections,  opening  or  loss  of  ballots 

Primary  elections,  organization  of  County  Committee 

Primary  elections,  pay  of  election  officers 

Primary  elections,  penalty  for  illegal  voting 

Primary  elections,  place  of  voting 

Primary  elections,  powers  of  Inspectors 

Primary  elections,  Precinct  Committeemen,  appointment  of 
Inspectors  and  Clerks 

Primary  elections.  Precinct  Committeemen,  challenge  of 
voter 

Primary  elections.  Precinct  Committeemen,  Election  Board 

Primary  elections,  Precinct  Committeemen,  officers  of  elec- 
tion     


364 

286 

336 

273 

346 

280 

344 

278 

372 

289 

343 

275 

333 

271 

334 

272 

348 

281 

333 

271 

347 

280 

331 

270 

323 

266 

349 

282 

361 

285 

29-41 

328 

269 

363 

286 

343 

275 

344 

278 

369 

288 

371 

289 

376 

291 

343 

275 

340 

275 

373 

290 

321 

263 

351 

283 

327 

269 

329 

270 

335 

273 

333 

271 

339 

274 

365 

286 

325 

267 

332 

270 

355 

283 

335 

273 

352 

283 

322 

323 
322 

322 


264 

266 
264 

264 


ELECTION    LAWS    INDEX 


371 


SEC.  PAGE 

Primary  elections,  Precinct  Committees 322  264 

Primary  elections,  precincts    330  270 

Primary  elections,  preparation  for  voting 340  275 

Primary  elections,  prevention  of  voting,  penalty 367  287 

Primary  elections,  protested  ballots  347  280 

Primary  elections,  purchase  of  vote,  penalty 368  287 

Primary  elections,  qualifications  of  voter 342  275 

Primary  elections,  resignations  of  candidates,  offices,  how 

filled    353  283 

Primary  elections,  revealing   vote,   penalty 370  288 

Primary  elections,  secrecy  of  ballot 372  289 

Primary  elections,  time  for  holding  primaries 326  268 

Primary  elections,  unlawfully  permitting  ballot  to  be   re- 
moved   359  285 

Primary  elections,  unlawful  printing  of  ballots,  penalty . . .  358  284 

Primary  elections,  use  of  voting  machines 375  291 

Primary  elections,  voting  in  wrong  place,  penalty 356  284 

Primary  elections,  voting  more  than  once,  penalty 357  284 

Primary  elections,  voting  places   330  270 

Primary  elections,  watchers 347  280 

Primary  elections,  withdrawal  of  candidates 327  269 

Printers'  duties   95  136 

Proclamation  of  opening  polls 78  125 

Pro  tempore  appointments 17  95 

Public  utilities  election 409  316 

Qualifications  of  electors    9,  53  93, 113 

Qualifications  of  School  Commissioners 379  292 

Qualifications  to  register    31  101 

Receipt  of  ballots  at  polls 127  157 

Recount  of  ballots 180  180 

Recount  of  ballots,  adjournments  forbidden  184  181 

Recount  of  ballots,  appointment  of   Commissioners 182  180 

Recount  of  ballots,  certificate   183  181 

Recount  of  ballots,  pay  of  Commissioners 184  181 

Recount  of  ballots,  preservation  of  ballots 184  181 

Recount  of  ballots,  proceedings  to  obtain 181  180 

Recount  of  ballots,  time  for  180  180 

Recount  of  ballots,  time  for  commencing 182  180 

Recounting  of  ballots,  undertaking  for 181  180 

Recount  of  ballots,  voting  machines   185  182 

Refusing  to  receive  vote 258  231 

Registration  of  voters,  application  for  registration 33  102 

Registration  of  voters,  application  in  person 35  104 

Registration  of  voters,  appointment  of  Clerks 27  98 

Registration  of  voters,  appointment  of  Inspector 27  98 

Registration  of  voters,  arrangement  of  application 36  105 

Registration  of  voters,  Board  making  false  registration ...  44  108. 

Registration  of  voters,  books  and  papers  at  polls 45  100 


372 


ELECTION    LAWS    INDEX. 


SEC.  PAGE 

Registration  of  voters,  certificate  of  registration 48  110 

Registration  of  voters,  challenge    46  109 

Registration  of  voters,  city  registration   47  109 

Registration  of  voters,  compensation  of  Board 39  107 

Registration  of  voters,  custody  of  books 37  105 

Registration  of  voters,  delivery  of  books  to  Auditor 36  105 

Registration  of  voters,  false  registration 42  108 

Registration  of  voters,  filling  in  data 36  105 

Registration  of  voters,  form  of  application 33  102 

Registration  of  voters,  initials  of  Poll  Clerks  on   applica- 
tion      35  104 

Registration  of  voters,  mark  of  applicant 34  104 

Registration  of  voters,  neglect  of  duty  by  Board 44  108 

Registration  of  voters,  necessity  for 25  97 

Registration  of  voters,  notice  of  time  and  place 30  100 

Registration  of  voters,  October  session    33  102 

Registration  of  voters,  places  for  registration 30  100 

Registration  of  voters,  police  power  of  Boards 41  107 

Registration  of  voters,  qualification  of  Clerks 27  98 

Registration  of  voters,  qualifications  to  register 31  101 

Registration  of  voters,  registration  blanks 29  99 

Registration  of  voters,  registration  books   29  99 

Registration  of  voters,  requiring  applicant  to  write  name  35  104 

Registration  of  voters,  September  session   48  110 

Registration  of  voters,  sessions  of  Registration  Board . , . . .  28  99 

Registration  of  voters,  signature  of  applicant 34  104 

Registration  of  voters,  time  for  changing  precinct  bound- 
aries   26  97 

Registration  of  voters,  time  of  sessions 32  102 

Registration  of  voters,  unlawfully     subscribing     name     of 

other  person 43  108 

Registration  of  voters,  watchers    40  107 

Registration  papers  at  polls 45  109 

Registration  laws,  interpretation  of 42-59 

Registration,  absent  voter 38  106 

Removal  of  candidates 82  128 

Removing  election  supplies 126  157 

Repeal,  saving  clause 139  163 

Repeating,  penalty   247  226 

Reporter  Supreme  Court,  vote  for,  how  certified 161  172 

Report  of  Political  Agent  222  204 

Report  of  Political  Treasurer   222  204 

Representatives  in  Congress,  how  apportioned 8  90 

Re-registration  of  voters 48  110 

Residence,  loss  of 11  93 

Resignation  of  candidates 82,  93  128, 135 

Resignation  of  candidates,  name  not  certified 88  131 

Road  Supervisors,  compensation  176  176 

Road  Supervisors,  districts    176  176 


ELECTION    LAWS    INDEX.  373 

SEC.  PAGE 

Road  Supervisors,  election    170  175 

176, 177  176, 178 

Road  Supervisors,  term  of  office 176  176 

Rooms  for  elections,  how  provided 107  143 

Rules  for  marking  ballots 132  160 

Sample  ballots  for  voting  machines 303  252 

School  Commissioners   378  292 

School  Commissioners,  absence  of  public  device. 380  293 

School  Commissioners,  arrangement  of  ballots 380  293 

School  Commissioners,  classes  of  members 380  293 

School  Commissioners,  filling  of  vacancy 380  293 

School  Commissioners,  nominations    380  293 

School  Commissioners,  organization  of  first  Board 381  296 

School  Commissioners,  petition  for  nominations 380  293 

School  Commissioners,  qualifications  of  members 379  292 

School  Commissioners,  term  of  office 380  293 

Seamen,  right  to  vote 10,  55  93, 114 

Secretary  of  State,  duties  as  to  Presidential  Electors 287  243 

Secretary  of  State,  estimating  vote  for  certain  State  offices  162  172 

Secretary  of  State,  vote  for,  how  certified 161  172 

Selling  liquor  on  election  day 274-275  236-237 

Selling  vote,  penalty 276  237 

Seizing  ballot  box,  penalty 264  232 

Sheriff,  deputies  at  primary  elections 336  273 

Signatures  to  nominating  petition,  acknowledgment 84  130 

Soldiers,  right  to  vote 10,  55  93, 114 

Soliciting  campaign  contributions 219  197 

Soliciting  naturalization  410  318 

Special  elections,  buying  vote  at 269  234 

Special  elections,  fraud  at 268  234 

Special  elections,  held  when 166  174 

Special  elections,  how  conducted  169  175 

Special  elections,  notice  by  Sheriffs 168  175 

Special  messenger,  compensation    97  138 

Special  messenger,  delivery  of  ballots 97  138 

Special  messenger,  for  Election  Inspector '. 103  141 

Special  messenger,  oath,  form  of 97  138 

Special  messenger,  unlawfully  opening  ballot  packages ....  121  155 

Spoiling  ballots 114  151 

Superior  Court,  election  of  Judges  by  rooms 83  130 

Supreme  Court,  appeal  to  in  contest  cases 215  191 

State  ballots,  how  distributed 96  136 

State  Board  of  Election  Commissioners,  appointment 80  127 

State  Board  of  Election  Commissioners,    candidate    resign- 
ing     93  135 

State  Board  of  Election  Commissioners,  destroying  ballots .  106  143 

State  Board  of  Election  Commissioners,  distributing  ballots  96  136 

State  Board  of  Election  Commissioners,  duties 82  128 


374  ELECTION     LAWS    INDEX. 

SEC.  PAGE 

State  Board  of  Election  Commissioners,     payment    of     ex- 
penses     96  136 

State  Board  of  Election  Commissioners,  j)ermitting  removal 

of  ballots 98  139 

State  Board  of  Election  Commissioners,  preparation  of  bal- 
lots   80  127 

State  Board  of  Election  Commissioners,  sample  ballots  for 

voting  machines   303  252 

State  Central  Committee,  appointment  of  Ti-easurer 218  194 

State  Chairman,  filling  vacancies  in  nominations 94  135 

State  office,  contest  for   191  184 

State  officers,  vote  for,  how  certified 161  172 

State  Senators,  certificate  of  election 158  171 

Straight  ticket,  how  to  vote 90, 132  132, 160 

Tally  papers,  township  elections  178  179 

Tie  vote,  effect    152  169 

Tie  vote  for  legislators 160  171 

Tie  vote  for  township  officers   177  179 

Tie  vote  for  town  officers  396  302 

Tie  vote  for  candidates  at  primary  election 348  223 

Tie  vote,  when  Governor  calls  special  election 166  174 

Time  of  holding  elections 20,  70  95, 122 

Town  Board  of  Election  Commissioners 137  162 

Town  Clerk,  term  of  office  895  302 

Town  elections  (see  Municipal  Elections). 

Town  elections,  application  for  incorporation 385  298 

Town  elections,  census  of  town 383  297 

Town  elections,  change  of  name 399  303 

Town  elections,  dissolution  proceedings  399  303 

Town  elections,  division  of  town  into  wards 391  300 

Town  elections,  duty  of  officers 137  162 

Town  elections,  effect  of  election  on  incorporation 390  300 

Town  elections.  Election  Inspectors  393  301 

Town  elections,  election  of  officers 392  301 

Town  elections,  elective  officers  395  302 

Town  elections,  eligibility  to  office 401,  402  307 

Town  elections,  gas  works   409  316 

Town  elections,  hearing  and  order  on  application  for  in- 
corporation      386  298 

Town  elections,  how  held    137  162 

Town  elections,  incorporation  as  city 404.  406  308,  309 

Town  elections,  incorporation  of  town 382  297 

Town  elections,  precincts    394  302 

Town  elections,  public  utilities    409  316 

Town  elections,  survey,  map  and  census 384  298 

Town  elections,  union  of  adjoining  towns 400  306 

Town  elections,  use  of  voting  machines 318  260 

Town  elections,  vacancy  in  Board  of  Trustees 398  303 


ELECTION    LAWS    INDEX. 


375 


SEC.  PAGE 

Town  elections,  voting  on  incorporation 378-389  299 

Town  elections,  voting  precincts 403  307 

Town  elections,  water  works  409  316 

Town  Marshal,  term  of  office. 395  302 

Township  Assessor,  certificate  of  election 179  179 

Township  Assessors,  elections  for  170, 171  175 

Township  Assessors,  terms  begin,  when 172  176 

Township  elections,  ballots    175  176 

Township  elections,  certificate  of  election 177, 179  178, 179 

Township  elections,  governed  by  general  law 174  176 

Township  elections,  how  held   ■ 136  162 

Township  elections,  tally  papers   '        178  179 

Township  elections,  when   held 20, 170  95,  175 

Township  Trustee,  altering  returns   257  230 

Township  Trustee,  certificate  of  election   179  179 

Township  Trustee,  destroying  or  substituting  ballots 256  229 

Township  Trustee,  election  for   170, 171  175 

Township  Trustee,  ex  officio  Inspector 61  117 

Township  Trustees,  providing  meals  for  election  officers . .  142  164 

Township  Trustee,  road  districts 176  176 

Township  Trustees,  terms  begin  when 172  176 

Town  Treasurer,  term  of  office 395  302 

Treasurer  of  State,  vote  for,  how  certified 161 '        172 

Treasurer  under  Corrupt  Practices  Act 217  192 

Trial  of  contest 208  189 

Trustees  of  town,  term  of  office 395  302 

Trustees  of  town,  tie   vote 396  302 

United  States  Senator,  how  elected 6,  292  91, 244 

Using  violence,  threats  or  restraint  on  voter 263  232 

Vacancy  in  nominations,  how  filled 04  135 

Vice-President  of  United  States,   how  elected 7  91 

Voluntary  campaign  contributions 219  197 

Voters,  admission  to  election  room 112  147 

Voters,  how  to  vote  straight  ticket 112  147 

Voters,  instructions  to  3-29 

Voters,  rights  of  under  United  States  Constitution 5  91 

Voter,  absent,  registers  by  affidavit 38  106 

Voter,  selling  or  offering  to  sell  vote,  penalty 248  226 

Voter,  selling  vote,  reward  for  conviction 249  226 

Voter,  prosecution  for  selling  vote,  limitation  of  action...  250  226 
Voter,  qualification  of,  at  Constitutional  Convention  elec- 
tion      450  346 

Vote  on  Constitutional  Convention,  how  canvassed ,  452  347 

Voting  by  paster  ballots 113  149 

Voting  in  wrong  precinct,  penalty 244  225 

Voting  machines,  announcement  of  result 307  256 

Voting  machines,  ballot  labels   302  252 


376  ELECTION    LAWS    INDEX. 


Voting  machines,  boundaries  of  precincts 

Votihg  machines,  challenge  of  voter 

Voting  machines,  commission    

Voting  machines,  conduct   of   voter 

Voting  machines,  Constitutional   Amendment    

Voting  machines,  construction   and   arrangement 

Voting  machines,  correction  of  totals  on  recount 

Voting  machines,  custody   of  keys , 

Voting  machines,  duties   of  Inspectors , 

Voting  machines,  election    rooms    

Voting  machines,  examination    by    Commission 

Voting  machines,  examination  of  machines  on  recount 

Voting  machines,  experimental   use    , 

Voting  machines,  false  affidavit    , 

Voting  machines,  false  return   

Voting  machines,  illiterate    voters    , 

Voting  machines,  injuring  machines  or  ballots , 

Voting  machines,  irregular  ballots   

Voting  machines,  laws  applicable  to  voting  by 

Voting  machines,  locking  machines 

Voting  machines,  municipal  elections    

Voting  machines,  officers,  neglect  of  duty 

Voting  machines,  officers  tampering  with  machines . . . , 

Voting  machines,  paying  for  machines 

Voting  machines,  penalty  for  accepting  bribe 

Voting  machines,  petition   for   recount 

Voting  machines,  preparation  for  voting 

Voting  machines,  primary  elections   

Voting  machines,  printing  ballots,   when 

Voting  machines,  purchase  of    

Voting  machines,  recording  of  vote  of  Poll  Clerks 

Voting  machines,  recording  roll 

Voting  machines,  recount   of   ballots 

Voting  machines,  sample  ballots   

Voting  machines.  School   Commissioners    

Voting  machines,  size   of   precinct 

Voting  machines,  time   for   recount 

Voting  machines,  town  elections 

Voting  machines,  using  distinguishing  marks 

Voting  machines,  voting  for  Presidential  Electors 

Voting,  manner  of   

Watchers  at  canvass  of  vote 

Watchers  at  registration 

Water  works  election 

Who  may  contest  election 


SEC. 

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290 

248 

306 

255 

293 

246 

306 

255 

134 

161 

295 

247 

180 

183 

310 

257 

304 

254 

300 

251 

294 

246 

188 

183 

319 

261 

314 

259 

317 

260 

301 

251 

313 

258 

305 

255 

311 

258 

308 

257 

318 

260 

312 

258 

316 

259 

297 

250 

298 

250 

186 

182 

304 

254 

375 

291 

320 

261 

296 

248 

307 

256 

309 

257 

185 

182 

303 

252 

299 

250 

296 

248 

187 

182 

318 

260 

315 

259 

305 

255 

112 

147 

119 

154 

40 

107 

310 

257 

190 

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